Tuesday, June 7, 2011

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  • kedrex
    01-13 06:04 AM
    ^




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  • ujjvalkoul
    08-10 05:14 PM
    Un-freakin'-believable......................




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  • n77
    05-14 05:25 PM
    You are so pessimistic..
    At least you hope something is gonna happen after the elections..:):)




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  • piyu7444
    04-28 03:32 AM
    -When do I have to raise Ac21?
    - with H1 transfer or after or is it not required legally?
    u can use AC21 in 2 ways.
    one -change employer with ur H1b
    two -change employer with EAD if you have one.
    EAD is not necessary for AC21. EAD is a way not to transfer H1b and change employer,but you will need to renew this every year, EAD is temp green card while on H1 status.
    If you pass 180 days after 485 filing , it will remain valid if your 140 is approved and is not revoked before 180 days from 485 filing.


    - Is it safe to transfer H1 (after 180days) without AC21?
    - How will it affect my 485?
    I dont think there is such a thing.
    -What are the docs to be collected from old employer?
    -Can I retail same lawyer for GC while H1 is taken care by new company lawyer?
    Dont know, Keep all 140 receipts/notices, 485 receipt notices, consult a lawyer( it will cost 100$ a 30 min session or so)

    I m joining new company by changing H1.
    Too many questions too little input to take decission. Please provide your expertise advice.

    -When do I have to raise Ac21?
    - with H1 transfer or after or is it not required legally?

    - Is it safe to transfer H1 (after 180days) without AC21?
    - How will it affect my 485?
    -What are the docs to be collected from old employer?
    -Can I retain same lawyer for GC while H1 is taken care by new company lawyer?

    Guys - I m running out of time and got to respond to new company soon.

    Please provide your inputs.

    -Gc04
    July 07 filer
    Chicago state Chapter

    Raising AC21 is your choice, you can raise it as you change a job (either on h1b or EAD) or else you dont tell USCIS about the change until they issue you a RFE. To add to the else part-suppose you do not raise AC21 while changing a job.....USCIS might just issue you your GC without a RFE.

    There is no legal requirement to notify USCIS via AC21 about job change. (I am assuming you are changing the job after 180 days)

    It is safe to tranfer h1b after 180 days. The only affect on 485 I see is a RFE while USCIS adjudicates your case and would want to know your current employer/job/job description.

    You should always keep a copy of LC / I 140 and 485 and you can find a new attny. while h1b is being processed by your new co.

    I had my h1b+LC+140 filed by one lawyer (co. lawyer) and then I had my own attny. to file 485/EAD/AP and it just works fine as long as you have all the documents with you from your employer.

    Hope this helps...........



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  • gc28262
    01-29 11:21 PM
    E-Verify was a bargaining chip for Senate Democrats against Senate Republicans.

    What happened was - When Senator Menendez from NJ (Dem.) floated the Visa Recapture Bill; he said that he and other Dems will only support Permanent extension of E-Verify a bill designed to extend it for four additional years; if the Senate Republicans support Visa Recapture Bill.

    But the Visa Recapture Bill didn't happen.
    So, E-Verify also didn't happen.


    However, as a Last Minute "ideal gift" from the Great President Bush to all Legal Immigrants; he issued an Executive order to extend E-Verify till March 06, 2009.
    Therefore, E-Verify is active today in the system.

    Now, House and Senate Republicans want to permanently extend E-Verify after March 06, 2009; especially the antis and yes NumbersUSA.So, they added this amendment to extend E-Verify for additional 4 years in the Stimulus Bill that passed this Wednesday.

    However, the Stimulus Bill has to pass the Senate to become law. Thus, permanent extension of E-Verify has nothing to do with giving Stimulus money to only legal immigrants. It, is just that two immigrant hating politicians added the clause to the bill; in the hopes of seeing it pass. But IT SHOULD FAIL!!!

    Again the question remains, how does it affect us ?

    Are you saying Visa recapture was tied to E-verify in the past administration and so passing E-Verify without recapture will kill the chances of recapture ?

    Situation has changed now. It is a new administration now and power has titled in favor of democrats both in house and senate. Democrats don't have to appease GOP to get any bill passed now.




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  • Eberth
    10-16 04:49 PM
    tnx

    i founded it on ps7
    :D



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  • Lollerskater
    04-23 11:46 AM
    I have a filing date of July 2nd 2007. My RD? A fantastic Oct 21 2007. That's 3 and a half months, more than a quarter year away.

    I filed at NSC, my case ended up in TSC.

    Nothing much makes sense, nowadays. :confused:




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  • kshitijnt
    04-18 06:55 PM
    Today my wifes attorney informed her that her H1 was selected, non masters, non premium process. He also provided her a WAC number



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  • immigrationvoice1
    03-11 03:39 PM
    My Vote for this thread in the "Entertainment Category" This is the most entertaining thread for the day!

    No offense to the original poster. Though he probably did not get the answers that he was looking for, but managed to entertain us!! Singhsa3's response was hilarious!!:D




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  • hoolahoous
    05-27 12:49 AM
    ...I like the attitude :)

    i presume USCIS means 'assuming visa dates are available for everyone' it will take them 3 years to process the current backlog..
    so dream on..



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  • fatjoe
    10-31 12:42 PM
    My EAD application has been pending more than 90 days.
    Just called the USCIS office.
    Look like the center it has been sent to is processing EAD's of date: May 03.
    So my application is still 2.5 months away.

    The agent tells me that I can get an interim EAD, by scheduling an appointment using InfoPass: http://infopass.uscis.gov/index.php

    Just posting this since, I had earlier asked about the 90 day rule for EAD's(if you do not get within 90 days, you can get from local office) and everyone told me that .. this rule was dead and buried.
    Looks like it isn't :)

    Did you get your FP?
    I went to local office(Detroit, MI), and they said that they no more issue interim EADs. Also, they said that we should have got our FP notice before approaching them for EAD.




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  • LongJourny
    01-26 02:46 PM
    My attourney says that when they approved my visa for the first time on H1b, they forgave me and that I should be fine. He recommended me to make sure that I report correctly. As per the rule goes I was suppose to be working either one of the company. There is no exception like 5 days or 7 days. It seems they are not so hard for small gaps as long as you filed for H1B transfer. Hope this helps.



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  • guygeek007
    08-06 11:08 AM
    I have a EB2 - I140 (PERM) pending at Texas from 06/2006 and another EB3-I140 (RIR) pending from 06/2007. When my lawyer filed the EB2-I140, he filed it with a copy of labor from DOL (not original hard copy). He says he did not know it would cause such a delay. My EB3-I140 however was filed on labor approved from the Dallas BEC. It was filed with the original copy of labor. Are there any people like me, who have endured a long wait because they did not have the original labor ? Please post your experiences here .......
    My i-140 premium processing application was filed on the 22nd of June,2007 as indicated in the information below. The package & check were returned in the first week of July. A letter indicating the reason for remittance and return was that the labor cert. attached was a photocopy and not the original.
    Now what does not make sense here is that the original labor was sent along with the original i140 application filed last year(in june 2006).
    I called the USCIS info line and the rep. suggested that i could resend it with an explanation.
    What concerns me is if i do resend it, would it be considered only after suspension of i140 premium is lifted or would it be considered as a case from last month and processed under premium.




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  • gauravster
    10-04 03:18 PM
    1. Liquidity is definitely an issue with 401k. It is not easy to withdraw. However, in certain cases you can withdraw the money claiming hardship though it should be avoided (401khelpcenter.com - Hardship Withdrawals Give Access to Your 401k Savings, But at a Cost (http://www.401khelpcenter.com/401k_education/hardship_withdrawal_article.html)).

    2. Apart from hardship, I would typically max out in these. One not only saves on taxes (federal, fica, ss, state taxes etc. about 30+%) but one may have employer match as well. Also different employers might have different options for investments.

    3. For withdrawal, there is a 10% penalty and these get added to your annual income that year. So if you plan to go to India, you can choose to withdraw in years when you are firmly a Indian resident and have no other US income. As such your tax liability would be less (maybe zero if you withdraw across several years) you might only have to pay 10% penalty (as against 30+% you pay on taxes now). If there is an employer match, you might be getting additional 25-100% just to invest.

    4. Loans from 401k. They do charge a small interest, but that typically gets added to your account. So effectively you are paying interest to yourself.

    But liquidity is a serious issue and you need money you might consider this a problem. Even then, if there is employer match there is a good reason to still invest at least as much as needed for the maximum possible employer match.



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  • webm
    06-09 02:27 PM
    One of my friend with PD Jul 2001 EB3 India is still waiting for his GC. His name check was cleared 4-5 months back and not sure what he was waiting for.....

    I am on the same boat as your friend...Took infopass but its of no use..

    so waiting..continues..waiting for luck!!

    Looks like EB2 approvals spike going on this month..atleast something moving...


    --------------------------
    EB3-I Oct,2001 (TSC)
    FP/NC -- cleared
    485 RD -mid June 2007 (TSC)




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  • sri1234
    02-09 04:52 PM
    THIS PROCESS IS CALLED DEFERRED INSPECTION - no need to go out of the country

    In the below link find the site/airport closest to your current address.

    http://www.cbp.gov/xp/cgov/toolbox/c...ed_inspection/

    Call up the phone number in the link and fix an appointment.
    Go with Old Passport, new passport and all visa documents and I -94

    Explain the situation to the officer and he/she should be able to rectify at the time of appointment.
    Officer will put the new date on the existing I -94 and update the system and on the card itself. No new I - 94 will be issued.

    Thanks,
    Krishna
    Yes, Krishna_brc is correct. A friend of mine got his I-94 issue fixed by following the above process.

    Sri



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  • Saralayar
    07-20 01:49 PM
    Yes, but you'll need hard copy of your labour certificate which takes 1-3 weeks to arrive. I suggest keep ALL other documents 100% ready to go and send the application the moment your LC arrives. If it does not arrive by 16th, include whatever proof you have of the LC approval (email nitification etc..) and send your application. you never know they may accept it and issue an RFE later..
    The priority date should be on or before June 30, 2007 for you to file the I 140 and I 485 concurrently for the July visa bulletin. Otherwise you can file just I 140 any time after your labor gets cleared.




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  • uma78
    04-24 10:44 AM
    please correct me if i am wrong, this seems to happen on:

    Wednesday 04/30/2008 - 2:00 PM
    2141 Rayburn House Office Building
    Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law
    Hearing on Wasted Visas, Growing Backlogs

    Uma




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  • StuckInTheMuck
    08-07 10:47 AM
    I filed mine, and my wife's, July 2 ('07) without medical, got status alert "RFE notice sent" Aug 4, guessing medical (have doc appointment tomorrow).




    justAnotherFile
    07-11 09:18 PM
    this is not a published article.
    He has just taken the issue you emailed him, verbatim and posted it as an alert on this board. NO claims or copyrights on the verbiage.
    so I guess it is ok.




    Berkeleybee
    04-08 01:29 PM
    I guess everything needs to go through the house conference. However there is a much better chance to attach it to the PACE act since Sensenbrenner may not be sitting in that conference at all. PACE act goes to this committe:

    Committee on Health, Education, Labor, and Pensions Subcommittee on Education and Early Childhood Development

    It's none of the Judical committe's business. It will be much better if the Senate just drops the contraversial immigration bill and start to work on this bill. Attaching EB to immigration bill is really dangerous and may just futher delay everything. So pushing the immigration bill may not be a wise thing for us to do.

    Don't forget that the House (Anti) Immigration Caucus has 92 members -- be assured that if not Sensenbrenner it will be another equally virulent member. Also, conference committees are nominated by the leader of the house -- nothing to stop them from nominating anyone they want.



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