Monday, June 13, 2011

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  • PD_Dec2002
    08-27 05:00 PM
    thanks for you understanding....i don't want her processing to be closed. if we're divorces can her processing still be on?

    No, her processing cannot go on. It would be illegal on YOUR part to claim her as a spouse for a GC when she is really is not your spouse anymore (once you file for divorce, that is).

    Thanks,
    Jayant




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  • NKR
    02-06 11:27 AM
    I have NOT heard of anything that specifically prohibits H1Bs getting a mid year raise. Ask your HR where they are getting the information from?

    Exactly, I would call it discrimination... Like HV000 said ask them to show the information where it says that, I don't think they have any...




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  • ItIsNotFunny
    10-24 01:51 PM
    Why do you want to spent $2000 for lawyer for AC21? If you have same or similar offer letter, why cant you type a simple covering letter for your AC21?Do it yourself. US certified post cost around $2.00. Hiring lawyer for AC21 is waste of money.

    This is true, unless you have some complication, don't go for attorney.




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  • kaisersose
    06-14 10:16 AM
    I am planning on buying a house in 30 days. My company would be paying me about 2500$ rent for renting out a part of my house. This is what made me think that I would actually be able to afford house in NJ.

    That is good, but be prepared for the possiblity of the company changing its plan to rent your place, at some point. Hopefully, it never happens, but just be prepared anyway.

    How would that work out? Does 2500/month become additional taxable income? My mortgage payments would be about 3500/month. If it becomes a taxable income we would be screwed big time as we would cross all limits to low tax brackets :(

    CPA question.

    Also I am a july 07 filer with PD sept 2006 and would have few years before I can get GC. So would my chances of getting a mortgage like 450k are less as I am not permanent resident?

    I bought a home a couple of months ago with a 2007 PD and had no trouble at all with mortgage.

    did you guys specified non resident alien in your mortgage application and did it have any affect on rates?

    No impact.



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  • desi3933
    02-09 01:55 PM
    .....
    Both the company C and company A was owned by one person. So even i was working with the company C, my payroll was under Company A. Right after I received my labor certificate from Company A, my lawyer suggested my transfer my H1b from Company C to company A. Then i received my h1b approval for company A in Jan 2007 to October 2008.

    .........

    EB3 (ROW)..PD May 2006

    If Company A and C are related business entities, why H1-B transfer was needed from C to A.

    >> So even i was working with the company C, my payroll was under Company A.
    When you were getting paycheck from A, did you raise this issue?

    Did you put this information in Employment History for I-485? What was your last entry into USA?

    _______________________
    Not a legal advice.
    US Citizen of Indian Origin




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  • 485Mbe4001
    04-12 01:47 PM
    I think IV member idlinginc
    added the entry yesterday...
    http://immigrationvoice.org/forum/showthread.php?t=4006

    thanks for your help, maybe idlinginc can help us with the effort to maintain the wiki page and list



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  • loveiv
    08-29 12:20 PM
    We have a wealth of information from A to Z on US Immigration, why dont we ourselves write articles and editorials and get them published in the News Papers, Journals, etc?

    Why are we waiting for some one to come to us and take information to write articles on us. Does Newspapers check the background of authors to verify if they are citizens/non-citizens/green card holders/ H1B's. What all matters to them is quality and authenticity of the articles.

    Do you folks think this a good option to pursue?

    Is anybody stopping you from doing so?
    "TALK LESS, WORK MORE".




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  • print0104
    08-29 04:57 AM
    You need to get another H1-B from the new employer. You will not be subjected to quota. Otherwise there is no issue since you are in your home country.

    um...but at the time my new employer offering me a position with an official offer letter, my current H1b status could be expired for over 3 to 4 months...(I am sure they want me to work for them since the partner there is my previous boss)
    Shouldn't I take any action to protect my current H1b status???Like file a H1b transfer application which I know would definitely be rejected since I am unable to get a pay stub.

    By the way, I didn't file I-140 or I-485 since my previous Labor Certificate is still in process for over 2 years (filed on July 2005)!!!Please consider these factors in my case~
    Thank you guys~



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  • asdfgh
    02-27 08:32 AM
    Currently in wetsern europe and going tomorrow to pick up my passport....am getting 2 stamps...1 for current extension that ends end of next month and then a second one for the new extension valid until '10....had to pay twice the fees since its 2 stamps.
    They discussed the issue at the consulate and decided that the best way to proceed was with 2 stamps to avoid any issues at port of entry.
    Reason - The stamp needs to match the dates on 797...so either get 2 stamps or get 1 stamp for the latest extension which will only be effective for travel beginning 10 days prior to date on 797.
    Guess based on a previous post it varies from consulate to consulate.
    Whatever you get, doesnt matter, as long as you get it and it allows you to come back when you want to.




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  • meridiani.planum
    07-19 02:10 PM
    Hi Leoindiano:

    What is meant by Pre-Adjudication and how do we know that, our case is Pre-Adjudicated. Sorry to ask you this qn. specifically, as I amnot seeing any LUDs on my case, and my para-legal says, dont worry.

    my case details are PD10/05 EB2 I, RD 07/02/07 and ND 08/30/07 at TSC.

    Can you enlighten us little bit more.

    preadjudication is where USCIS processes your case even when visa numbers are not going to be available: meaning ur PD is not current, they know even if all is well they wont be able to approve, but still they go over everything, issue an RFE is something is not ok etc. If all is well, the case goes into a pre-adjudicated stack, and once visa numbers are available, they simply pick up a file from that stack, assign it a visa and mark it approved. This is how lots of people got approvals last year in july VB.

    pre-adjudication has three advantages compared to starting to process only when teh PD is current:
    - If they wait for PD to be current to pick up a file and start looking at it, there is no way they can process so many cases when the PD does go current, or when dates move significantly towards the end of the year. This is how they processed nearly 60k cases in 2 months last year.
    - if PD is current for a short period (1month or 2) and thats when they pick up your case, if you get a NOID you could end up missing the window by the time you respond and they pick up your response.
    - its helpful for them because they can weed out cases that are not going to be approved, earlier and they dont end up giving interim benefits to those people.

    ur status does not change when your case is pre-adjudicated.



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  • virtual55
    05-16 12:57 PM
    I am seeing currently 700 members actively using IV website right now, but I don't think all of them have signed up for monthly contribution, Guys please contribute and help yourself




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  • Anders �stberg
    January 6th, 2004, 09:32 AM
    I took some photos today in poor light (please, sun...) and had to use ISO 800 to get decent shutter speeds. However, I find this isn't really useful with small birds as the noise basically covers a lot of detail. I find it difficult to on the one hand remove enough noise from the background so sharpening doesn't amplify it too much, and on the other hand leave enough noise so the feather details don't get smoothed out. So, what I did was use the magnetic lasso tool to select the bird (and inversely everything else), and used more Neat Image on the background than on the bird. I wonder if this couldn't be a trick to save some borderline images.

    I'd appreciate if you'd critique these two images: do they look very unnatural to you? It does give almost a 3D effect, but I think I may have gone too far on the backgrounds.

    http://www.interimlocation.com/fretnomore/photo/10d/pictures/smallbirds/2004-01-06/Talgoxe.jpg

    http://www.interimlocation.com/fretnomore/photo/10d/pictures/smallbirds/2004-01-06/KoltrastHona.jpg



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  • bekugc
    07-18 01:56 PM
    hello,

    MY Opinion!!

    since u have used substitute labor, id guess that the Priority date of labor is pretty old (hopeing 2000-2002 range).

    if ur PD is old, then rushing for 485 doesnt make sense. Rushing now is for those whose PD is 2005/2006, its their only chance before dates retrogress again. if u have OLD PD, then pretty soon, ur date will become current again, and when ur 140 comes thro u switch job & can apply for 485.

    1. Anyway, resigning ur existing job and applying 485 with new company is not much beneficial. u cant use AC21 untill ur i140 is approved, anyway u have to stick at one place till ur eligible for AC21. if i were u , given a choice, id stay with a known demon (rather than unknown angel)

    2. if ur substitute's labors 140 gets cleared..then switch to new company...apply 485 and in 180 days , ull be eligible for AC21, if relationship with new employer gets sour use AC21 and move on.

    3. u still have 2.5 yrs on H1..this is a +ve point on ur side to take RISK of switching employer now. Id do this only if the PAY in new empoyer is so much high than existing, so that its WORTH taking the risk.
    since its substitute labor, ur 140 cant be premium processes. as per previous experiences , if ur nebraska, 140 mite take 9-12 months , texas its little faster. so even after 1 yr,,if ur substitution Failed, u still have 1.5 yrs on H1, enuf time to switch H-1 job, get/apply for perm and get 6+ yrs extension.


    Your lucky that new employer applied for 140 without expecting u to get on the payroll. if i were you, id thank God for that, and wait till 140 gets cleared before joining new job.

    :-)




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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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  • LostInGCProcess
    02-05 06:11 PM
    i filed my labor 7 years ago as a programmer, today i am a project manager. I have changed job using ac21 twice, did not inform uscis even once (as its not reqd by law). I am in eb3 india and I have no hopes that uscis will ever get to my application, and even if they did after 5 years from now, I dont care if they issue an RFE and deny my 485 all together. Point I am trying to say is , you cannot spoil your career waiting for this. I changed my job exactly on 6 months and one day after i filed 485. past 2 years i am a PM. I am pretty confident that I would have had atleast 5 years PM experience by the time they reach my application or even more time. After all I want to go back to my home country pretty soon and so did not want to care about all this job title, description etc crap..this is just me..use your own instincts.

    Wow!!!! well said and very encouraging. That's the spirit with which everyone of us should move forward, i guess. :)
    Life is too short to worry too much on things (like GC, AC21)...Make the best use of each and every day!!!




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  • zCool
    04-01 05:34 PM
    In simple words..
    Trying to game the internal processing of USCIS case handling is like trying to guess the weather based on daily horoscope... ! No way attorney can know that.. only reason they probably want to wait is some ulterior motive such as company trying to hold onto the employee or attorny looking for extra fees.. absent that.. I would be worried coz then that would mean attorny is incompetent and does not know which end is up..

    Here's what we do know
    I485 filing provides MAJOR benefits.
    140 processing can go on for year or so and meanwhile a lot can change in terms of Priority dates etc.
    485 filing does not begin 485 processing if 140 is pending.. that's in USCIS memos.. only same office will handle 485 so in fact it is better! coz once you get past 140.. you are home free.. as opposed to other cases where 140 evidence is being re-checked at the time of 485 approval..
    So GO AHEAD file concurrently..



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  • asekhon
    01-10 11:16 AM
    Dude,
    which school did you got into? My opinion forget about GC, pursue the MBA if it is Insead etc, get into Mgt Consulting and work for McKinsey etc. You can come back to states on H1. Also after few years get into corp world as VP of something.

    If it is not a college of Insead level try to get into part time in US. I am doing Part time MBA at Kellogg and would graduate in 2008 as well.




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  • pellucid
    05-04 10:53 AM
    Non Premium: 60 days; Premium: 15 days

    If you have your case number, register the online status service, and you'll receive an email like the following when they receive your RFE:



    *** DO NOT RESPOND TO THIS E-MAIL ***

    The last processing action taken on your case

    Receipt Number: SRC071XXXXXXX

    Application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER

    Current Status: Response to request for evidence received, and case processing has resumed.

    On May 4, 2007, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done. This case is at our TEXAS SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

    If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

    *Current processing times can be found on the USCIS website at www.uscis.gov under Case Status & Processing Dates.
    *** Please do not respond to this e-mail message.


    Sincerely,


    The U.S. Citizenship and Immigration Services (USCIS)




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  • ndny
    08-06 03:01 PM
    Are there public benefits that aliens can legally receive without worrying that they will be considered a public charge?

    A: Yes. Not all publicly funded benefits will be considered in deciding whether someone is or is likely to become a public charge. The focus of the public charge definition is on cash benefits for income maintenance and institutionalization for long-term care at government expense. Examples of benefits that will not be considered for public charge purposes include:

    Medicaid and other health insurance and health services (including public assistance for immunizations and for testing and treatment of symptoms of communicable diseases; use of health clinics, prenatal care, etc.), other support for institutionalization for long-term care, Children�s Health Insurance Program (CHIP), Nutrition programs including Food Stamps, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the National School Lunch and Breakfast programs, and other supplementary and emergency food assistance programs:

    Housing assistance
    Child care services
    Energy assistance, such as the Low Income Home Energy Assistance Program (LIHEAP)
    Emergency disaster relief
    Foster care and adoption assistance
    Educational assistance, including benefits under the Head Start Act and aid for elementary, secondary, or higher education
    Job training programs
    In-kind, community-based programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter).


    Are health care benefits and enrollment in health insurance programs like Medicaid and CHIP considered for public charge purposes?

    A: No, not unless an alien is primarily dependent on the government for subsistence as demonstrated by institutionalization for long-term care at government expense. In particular, USCIS and the State Department will not consider participation in Medicaid, CHIP, or similar state-funded programs, for public charge purposes. This approach will help to safeguard public health while still allowing USCIS and the State Department to identify people who are primarily dependent on the government for subsistence by looking to the receipt of public cash assistance for income maintenance. In addition, short-term institutionalization for rehabilitation will not be considered for public charge purposes.




    Rajwaitingon140
    11-21 12:43 PM
    Yes mine processing date is 21st DEC and EB3 and also LUD is JAN'8'2007

    if I don't see any update on my case I will wait for one more processing time update and then I can ask my Attorney to proceed for SR.

    Thank you guys this is great help.

    Thank you
    Raj

    Raj,

    SR can be opened by company HR or lawyer if the service center processing time exceeds your receipt date by more than 30 days.

    As sunny said, when NSC moves their processing time to more than 21st Jan 2007 ( I assume ur RD is 21st DEC and EB3)...your lawyer can call the normal 1800...number and raise a SR.

    it's a simple process and lawyer should be knowing how to handle this.

    I see people getting decisions within 30-45 days after SR.

    Mine came in about 27 days.

    let me know if you have any questions.

    Thanks




    vikaschowdhry
    06-06 07:36 AM
    seahawks you said:
    A passport must me valid at least 6 months is my understanding when I got my H1 renewed.

    Could you please provide me a link to an official website that can confirm this?



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