Saturday, June 11, 2011

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  • anandrajesh
    11-26 02:35 PM
    Thank you so much for your response.

    So If I understand correctly I will have to staple the current I-94 (bottom part of I-797) from company C to my original I-94 in the passport i.e the I-94 I got at the time of entry (the one which has the company A info , I mean the type of visa , valid till etc.)

    What abt the I-94 from company B(the one which I have the copy of) . Does it need to be stapled too while I am leaving US ? If yes, can I staple the copy ?

    Thanks again for your time.

    I was under the same situation as u are, when i left to india last month. I stapled all I-94 records together and gave it at the airline counter. It is Arrival/Departure Card and they need all the documents to document your status correctly.

    As far as the Interview, I Carried current I-797 original for the interview and carried all copies with me. I had the copy of all approvals NOTARIZED by my Attorney.

    The interview at the embassy was a breeze. No questions asked, none answered :)





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  • javadeveloper
    08-18 10:26 AM
    immigration authorities have received about 300,000 applications for high-skilled-employment visas since July 1, federal officials said yesterday.
    Citizenship and Immigration Services, the federal agency, was still receiving applications for employment visas yesterday, the last day of a special period it announced on July 17 for immigrants with professional skills to file petitions for permanent residence visas, known as green cards. As a result, the total tally of applications received in the last six weeks was not available

    http://www.nytimes.com/2007/08/18/us/18visa.html?_r=1&ref=todayspaper&oref=slogin

    out of 300K applications ,may be 150K apps are from indians , then it'll take 150K/10K = 15 years for the one who applied in July/Aug 07.





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  • Lasantha
    04-25 02:23 PM
    I don't think there's anyway around it. Try to visit over a weekend, leave Friday evening and return Sunday. If you not you will loose the your PR which would be a waste.
    Lasantha





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  • satyasaich
    06-11 04:23 PM
    Friend

    There is already another thread for this AND by the way july bulletin is not out yet, may be in the next 4 or 5 days

    Does anyone out there knows when is the next visa bulletin,I mean with the date the bulletin will be released?

    Zee.



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  • GCnightmare
    08-28 08:58 AM
    thanks munnabhai. I have read somewhere that if I/140 is approved and visa is unavailable then H1 can be extended for 3 yrs. Correct me if its not true.





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  • ita
    01-20 02:09 PM
    Must have been some work. Everything looks (different :) ) very good. Great Job.
    Though I used to like the color combination on the old site very much. Also green dots on the previous background would look standing. Again ,site looks great.

    Thank you.



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  • eb3_nepa
    02-24 01:25 PM
    http://www.aila.org/content/default.aspx?docid=18639

    Could NOT see the document though





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  • sukhyani
    01-27 10:51 AM
    Birth Certificate didnt have my name and my stupid lawyer had not submitted the employment letter. We then submitted my parents' affidavit, school records and employment letter.

    Later on my case was transferred to National Benefits Center and now this interview.



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  • kondur_007
    09-15 11:17 AM
    Hello,

    My wife got her H1B approved last year and her start date was 10/01/07. She started working towards the end of Nov. She did not get any paychecks for 2007 before Dec 31st and started getting paid only in 2008. So she did not receive a W2 for 2007. I am about to file my tax for 2007 (had filed an extension) and would like to know the following.

    1: I assume this should not impact me from filing a joint return. Am I right ?

    2: Would I qualify for the stimulus check for $1200 since both of us were employed in 2007 ? Since she did not get a W2, I was not sure if I would get only $600.

    3: Both of us have filed for I-485 and our applications are pending approval. Would there be any problem with her I-485 in the future (like any query) since in 2007, her status was converted to H1B (from H4) and she did not get a W2 ? I am being told USCIS does a complete background check on the applicant with respect to each status he/she has had.

    Thanks in advance.

    First of all, do not confuse tax filing and immigration! These two are totally different ball games.

    As far as tax filing goes, here is what i can tell (to the best of my knowledge):

    1. Yes, you can file joint return. But for the purpose of the tax return, your wife will be considered "not working"; as she did not get W2 for 2007. (unless you have any other forms to show the income; e.g. 1099MISC etc).

    2. Stimulus payment: I am not sure exactly how much you will get; just check with the tax-preparer (or the software, most softwares will tell you). But even for this purpose, your wife will be considered "not working" as she does not have any income to show.

    3. Now your third question is related to immigration. Here is what I have to say:
    Your wife was "out of status" during the time period that she was on H1 status but not being paid. While you are on H1 status, you are supposed to work for the sponsoring employer and employer is supposed to pay you the salary mentioned on the LCA. If both these conditions are not met, you are "out of status" (but still legally present in US).
    Under section 245(K) USCIS will "forgive" upto 180 days of being "out of status"; so those days during which your wife did not get paid will count towards those days. Make sure that she did get paid full salary as mentioned on LCA from January 1 onwards; otherwise she will accure those days towards 180 days limit.
    What can be done for this? three ways to straigten this up:

    1. go outside US and return back with a new H1 visa stamp (those 180 days count from the day of latest legal entry); this wipes off all the days accured towards 245(k); risk is: what if the visa stamp is denied- because she was out of status.

    2. File a complaint against the employer; it is employer's responsibility to pay her. This will sort of work towards your advantage if something comes up in future. (showing that you did all you could to not have this happen).

    3. if total days that she was not paid or paid less than LCA is 180 days or less; you may decide to do "nothing" as you will be protected by 245 (k) and make sure not to accure any more days.

    Good Luck.





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  • sdrblr
    10-11 05:30 PM
    Just write to your state DOL and they will take care after that. You might have to provide some proof for them to start investigation. Make sure you have a plan B with regards to work and status if things go south.



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  • akmypoints
    11-04 01:17 PM
    anyone having inputs to the query below:

    Adding to the scenario above, what if the old company (which got I-140 approval) agress to continue the GC process? In that case, can't we apply for H1 extension with Company B using approved I-140 with Company A? After all, GC is a future employment application





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  • srarao
    08-18 12:01 PM
    Hi
    http://www.immigration-law.com

    --must be of great help
    -Rao.



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  • reddy77
    11-06 03:29 PM
    I am july 18th Filer, NSC, got my EAD and FP done, but still waiting for AP, got couple of LUD's for AP last week, but still it shows as received and pending ...





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  • kumar1
    10-09 04:31 PM
    Leave Nov visa bulletin, I am more interested in November pay check, thank to this economy.



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  • srinivas_o
    08-22 05:45 PM
    BUMP

    Anybody else knows any contact number other than 800 375 5283 to find out what document was mailed by USCIS????





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  • up_guy
    08-27 04:09 PM
    What was the cause for H1B rejection??

    My H-1 B was not rejected, just application got returned back to the lawyer because some form was missing in it. They had refiled it back.
    I donot know any other details, as lawyer did not share it with me..



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  • redgreen
    08-09 11:40 AM
    Have you put a last date for cashing, on your check?? I just want to know how to do it?
    Anyway why did you put this Aug 17th as the last day in your check? It looks like you have some extraordinary vision on things....
    Thanks for your wisdom and help to the IV community.


    Anybody with July 19th receipt date got their Check encashed? How about Receipt Notice? EB-3 India.

    I am worried about checks not being cashed yet. After Aug 17th the window is closed.





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  • rahulpaper
    06-19 06:32 PM
    Does that mean application progresses normally without RFE or Wait if immunizations are still not complete?





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  • Libra
    07-10 09:52 PM
    I think he is just kidding, he might want to see how people will react:D

    great...if thats true.. mine goes to one service center and my wife's goes to another





    bslraju
    05-27 11:31 AM
    May I make a sincere suggestion. Please, go back to school, take a course in English grammar, writing mechanisms and reading comprehension. People can better respond to you, when they understand whatever is it you are asking. You may also be able to file as a qualified EB2 applicant. No pun intended.


    Thank you for your advise and hostility. I understand your frustration.
    I was in hurry when I was posting it. How ever I have deleted it and I will follow what you said.
    My sincere advise to you is better you learn how to answer to a question and
    focus on things along with correcting others.
    It would have been nice if you post some useful reply which would help some one.





    veni001
    06-22 02:46 PM
    With same employer could definitely trigger audits from both DOL and USCIS!!


    Hi,
    I'm holding Bachelor's Degree from India and have 9 years of full time experience (6 years with previous employers + 3 years with current employer). Last year my employer initiated a process to file PERM. My employer had given all the specific details to our attorney firm to file my case in EB2. But our attorney screwed up everything and filed my case in EB3. My EB3 labor is approved (Section H, PERM job for Bachelors + 2 years of experience). I'm planning to file I140 with this EB3 PERM to facilitate my H1B extensions,etc.

    Right now, my employer says that he can initiate another PERM with EB2 and later when we file I140 for the EB2 labor, we can make use of EB3's PD after its I140 approval. I understand that it has to be a different position for EB2. If we follow this case, at what stage I need to use my EB3's PD to port. I mean, do I need to have my EB3 I140 approved before filing EB2 PERM or have only when filing EB2 I140.

    My another question is, how risky is this? I mean having applied for EB3 and EB2 from the same employer. What kinda repercussions we're heading into? What are the possiblities of getting audited for EB2 PERM ( I didn't get any audit for my EB3 PERM).

    Do you think it's better to transfer visa to someone else after my EB3 I140's approval and start a fresh EB2 PERM from that employer?

    I had gone thro a case study given in this forum but it's only after applying AOS(485). Mine is still at I140 stage.

    Any input is welcome.


    Thanks,
    Sunil



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