Thursday, June 16, 2011

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  • apahilaj
    09-19 02:42 PM
    Just an update -

    I just called USCIS for the FP notice and she mentioned that the appointment has been ordered but the notice has not been sent yet. Probably because the newark ASC must be overbooked. She asked me to wait for 30 days from now and if I don't receive anything, call them back.

    Will wait and hope...





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  • tcsonly
    09-24 03:53 PM
    CIS doesn't check FICO scores.





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  • arnet
    09-08 05:27 PM
    i think it should be ok because some apply with non-availability certificate instead of birth certificate since they cant get one. Usually it depends on the immigration officer who reviews your petition at that time and what decision he takes. disclaimer: But check with your immigration attroney as I'm nt an attroney.

    if possible get one with first/last name, i think it is easier to show the existing one and get new one because existing one has parents details too. dont take chances in I-485, because if anyone get RFE (query) then it will delay your case atleast a month or two, because you have to resend one again.

    How about birth certificate stating initial and First name (not first name and last name). Any sugestions?





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  • Ramba
    03-28 10:49 AM
    Ramba,

    We're definitely working on this issue and I am sorry that I am not able to go into further details.

    202(a)(3) clubs the excess quota for EB and FB together and hence excess EB numbers flow over to FB and vice Versa, which is different from 202(a)(5) which asks for applying the excess quota within a EB cateogry itself.


    Thanks admin. I understand diffence between a3 and a5 in 202 section. The flow of EB visas to FB (or FB to EB) make the total numarical limit invalid in EB and FB catagries (480K in FB and 140K in EB). If the flow happens accorss the catagory, the law is broken, then there is no meaning of numarical limit in FB or EB visas. Though A3 and A5 has theoriticallyy same meaning(to remove per couthry quota, if excess visas available) DOS have to keep FB and EB seperate track to control the visa numbers in each catagory seperatly. Before 1999, (ie before A5 was introduced thro AC21) all the FB catagories have been backlogged. But EB was current in most catagories. We do not know how DOS handled the situation. we need to understand that in US immigration history, was there any flow of EB numbers to FB numbers when there was a huge demand for EB numbers. It is better to counsult with AILA to understand the historical reasons and how A3 was handled by DOS in previous years ie before 1999.

    Why I am writing this is, we may be still safe by the section A3, though section A5 was deleted in both the bills. Unfortunally no attonnies has reported/found this untill IV discussed it.



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  • mariner5555
    05-15 11:32 PM
    wow ..so I guess there is hope :)





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  • gbof
    06-03 06:09 PM
    Hi All,
    My company applied 485 and h1b. I am in AOS status and having EAD. My company laid off me on March and they are not revoke my h1b and 140(they may hire me back once get new job). Mean time shall i work hourly job and get around $1200 per month with same job description with using my EAD(new company will run payroll and W2). Also i am keep looking permanent full time job with my higher salary.

    For the hourly job they asking to fill I-9(employment eligibility verification will inform USCIS). On that form asking my A# with EAD expiration date.

    Is there a chance USCIS will know my hourly job?. My concern - this hourly job will create a problem for my GC process (chance to get REF) because rate is low

    Please give me your valuable suggestion

    Thanks

    Sorry for your situition and I wish you good luck in finding job. It is hard to survice and maintain legal status in current economy. Are you really without job since mar09 ?. My understanding on this is : for the primary-AOS big salary cut or raise can become a issue later.

    Guys, please, throw some light if there is any time limit for primary-AOS to get a job to stay in status?



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  • gparr
    October 6th, 2005, 11:13 AM
    Agree with Anders on shooting small birds. The limited success I've had has only come when I've regularly gone to a location and stood still/sat still so they get used to me. At a bird feeding station in a local preserve, I go during my lunch hour in the winter. I find that I have to stand in one location with camera/tripod set up. When I first arrive the birds all disappear. It takes about 30 min. at this location before they start making their way back to the feeder. I can watch them as they move from tree to tree, progressively closer to the feeder. After 30 min. or so, they'll start feeding and landing in close-by bushes and I can start shooting. Of course, by then, my hands and feet are frozen. The price you pay. Like Anders, I also have more success and shorter sessions if I'm able to visit the same place frequently. If I just had Anders' skills I'd probably have some good shots to show for the effort. This cardinal shot is one lucky result from a frozen-limb effort.
    Gary
    http://www.dphoto.us/forumphotos/data/1122/cardinal1.jpg





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  • mjdup
    11-17 03:00 PM
    Welcome to the club achi goro :)

    This whole forum started because of retrogression so to answer your question - you may not be able to file 485 because of unavailable visa numbers. Your attorney should know this, your PD is the day when you filed your labor.

    good luck,



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  • ssksubash
    11-13 04:04 PM
    You can set up a company in India, while you are on an H1B. Are your clients in the US or India ? India & US have a double taxation treaty. If you get paid in India and keep the funds in India, you dont have to pay US taxes on that income. But you will have to pay taxes in India and report in the US.


    Thank you all for your valuable input. I have a follow up question :

    Will I be breaking any laws if I just do voluntary marketing and promotional work for my company in India.

    Here is the situation :

    My clients will be in USA and they will be paying my company in India. I will be on the board of the company , and will be doing voluntary marketing and promotional work for the company while residing in USA.

    Thank you for your time.





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  • GCard_Dream
    02-23 01:03 PM
    May be it's time to start another contribution drive as some of the members only contribute when there is some action going on in DC; nothing wrong with that of course. I suggest that core team start another contribution drive and hopefully it'll be more successful this time around.



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  • ashkam
    03-24 11:57 AM
    Banks send you the 1099-INT form which is allowed on H1B. This is different from the 1099-Misc form google sends you (http://www.adsensetaxes.com/) which makes Adsense a business income. That is not allowed on H1B.





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  • Trackgc10
    10-02 06:53 PM
    Hi:
    Did u submit a copy of approved 140?. I am guessing they requested proof of 140 approval.



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  • sweet_jungle
    12-04 04:56 PM
    Next year in July when we will become current, it will again become a game of probability. Because of the 2 specific issues I mentioned, we will have a slightly lower probability of our cases getting picked up. So, I am trying to be pro-active to address these specific issues. The issues definitely need to be fixed as these are glaring glitches in the USCIS file transfer system. I am thinking that we can draft a letter and all affected people can write to Ombudsman. Let me know what everybody thinks

    I fail to see why these cases you are referring to are any worse off than many others.

    I filed my I485 in May 2007, have been current for more than a third of the interim period and still waiting.

    I have filed two service requests, two congressional enquiries and nothing. So have other people and it has not helped them either.

    We are all in a black hole hoping for our cases to see the light of day some time just like the WAC cases you refer to.





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  • Ann Ruben
    06-30 06:53 PM
    Why has the second H-1 petition been pending so long? Was there an RFE? What does the USCIS on line system show?



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  • nixone
    07-30 05:02 PM
    I applied on April 17th and got it approved on May 30th.

    EB2 or EB3? Master's degree or BS + 5 years?





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  • pappu
    04-10 12:02 PM
    This may be something that's already been addressed somewhere so my apologies in advance if that's the case

    I'm getting ready to apply for my EAD extension. Should I be asking for/expecting one-year EAD or a Three-year EAD? Has the rule already been published by USCIS? Should my lawyer be doing something different from last time?

    Another question is: Are we also going to get a 3-year AP?

    Please update your profile with details so that it can be helpful to everyone tracking the success
    http://immigrationvoice.org/forum/profile.php?do=editprofile

    on IV tracker
    http://immigrationvoice.org/index.php?option=com_tracker&Itemid=63

    IV members are requested to update their profile with valid dates so that we can make IV tracker helpful for everyone.

    I have personally decided to make this request to everyone who does not have their details completed and only then respond to the member. If a member has bogus data in their profile for tracking purposes I would not be replying to that post. This might help encourage members wanting replies from IV core team for their questions.



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  • overmars
    06-09 12:43 PM
    My understanding of the Neufled memo does not invalidate the question asked by Saarissimo. The memo refers to a person being the sole owner of a company. If the LLC in question is owned by X,Y and they then offer Saarissimo 33% of the company to own, then Saarissimo's employment in the LLC should fall under employer-employee relationship unless it is specifically written in the operating agreement that the company will cease to operate if Saarissimo is terminated from employment.

    I know people on H1B sponsored by ABC LLC, and owning upto 2% of ABC. They have never had any problems, and are well on their way towards Green Card processing. Unfortunately, I do not know if the considerations change dramatically if ownership is 33% instead of 2%.





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  • ArkBird
    08-05 02:02 PM
    It auto-converts all H1Bs and EADs into Green Cards effective immediately. :)

    If that happens I will start walking with my hands instead of my feet... ;)





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  • EndRetro
    04-19 09:27 PM
    I would advise against going outside of your district to apply.

    If you are going to go via drop-box then they may not even accept your applications for stamping based on your Kerala address on your form for H1. If they do, they could very well reject it and ask you to go to Chennai consulate.

    Why would you want to risk that?

    Chennai does not have an availability till Oct and I am in INDIA in May. I was trying till today to get an apptmt in Chennai but not successful.

    I have an AP (through my wife company GC petition), worst case I will use it.





    small2006
    08-08 02:46 PM
    How did your GC process turn out? Any RFEs because of this?

    Basically I don't have a problem with amending my H1B if it does not do me any harm when it comes to my GC. What's most irritating is that my GC attny who has all the answers and could very easily advice me what to do suggested to set up a PAID CONSULTATION with their H1B attorney to discuss this. I am almost certain that eventual conclusion will be that its o.k. to amend the H1B. Even during this time after having spent the 1000s of $$$ for my GC they still want to milk me for more money and that's more troublesome than anything else. Its just the attitude.

    Having said all this, I think I am going to spend the $$, talk to the H1B attny just for my own satisfaction.

    Sorry about the rant and thanks for hearing me out.




    May not be direct answer to your question, but I had the same issue 3 years back - though my situation was a little bit different as I was changing dept. within the company - i also had arguments from both sides of the fences......eventually the company lawyer went ahead and filed an AMMENDED H1-B!!!!!......And on my GC application it has been shown as 2 different jobs.....now the sad part....when I suggested to the lawyer to file in EB-2 category instead of EB-3 (I know it also depends on the job description) because I had experience (previous job in the same company) + MS degree......the same lawyer said that it is not counted as 2 separate jobs because you were in the same company:(.......might be he was correct both the time (though I have my own doubts).....but I would advise to do what the lawyer suggests......unless you have some solid proof to back your theory!!!





    a_yaja
    01-02 09:35 AM
    Hi,

    My first passport was issued on mar 31 1998..with expiration date of 30 mar 2008. I lost this passport and one more (obtained thru tatkal in india) and the latest passport (also issued thru tatkal in india) has issue date of 1 nov 2003 with expiration date of 30 mar 2008 (same expiration date as the original passport).

    My question is should i be applying for passport renewal or a new one at Indian consulate SFO (i stay in that jurisdiction)

    If renewal, will they just endorse the new expiry date as 30 mar 2018 (i.e will i get back the same passport)?

    Pls clarify this?

    Regards

    New Passport or Renewal depends on your current passport. If there is an "(F)" after the expiry date of your passport, then you will have to apply for a new one. Otherwise you can renew the existing one. Even if you get a new one, the consulate will return the old one - and you can carry both passports if your old one has a valid visa. I am not sure if renewal will result in a new passport copy or if they will just change the date in the existing passport. After coming to the US, I could only apply for a new one as I could not renew my old one (old one was applied for when I was below 18 yrs old). At that time, I carried both my old passport with F1 stamp and new passport untill I got H1 stamped in my new passport. The new passport I got back in 1997 was valid for 20 years (expires in 2017).



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