Tuesday, June 14, 2011

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  • ASR
    07-08 03:25 PM
    Get your wife to use EAD (and hold off on H1 transfer) and wait for your GC card. Many congratulations to you and have a great future ahead..

    New company lawer is not accepting EAD, even though we don't have written approval confiramtion

    How to conivince him to use EAD unti we got the phisical card?





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  • santa123
    06-07 05:43 PM
    At what stage am I determined as EB2 or EB3? Is it at the labor or I-140 stage?
    This may be a basic fact, but I am not aware of the fact. Pardon my ignorance.


    :confused:





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  • Administrator2
    03-23 03:51 PM
    Business week MBA forums had a big conversation about this topic with some MBA graduates saying they ere affected. May be someone can post this on there.

    Thanks, could you please post the link to that forum.

    We found out that following members may have been affected by TARP funding bill:

    bazuka6
    rs_123
    determined_indian
    goel_ar
    jaspreetsinghgandhi
    mthoota
    pxkuma

    Does anyone know these members?





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  • immi_enthu
    08-10 12:27 PM
    This is just a thought. isn't everyone calling USCIS for receipts, several times a day some form of protest ? FYI , I called only once so far...



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  • krishmunn
    04-08 11:42 AM
    Hi

    I would like to know what you had filled in DS 160 application. Have you ever been refused visa or admission withdrawn application. Is it Yes or No. My spouse h4 (I 539)was denied as I 94 was expired hence leaving country for H 4 stamping.

    Please let me know thanks

    No. There was no VISA denial.





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  • LostInGCProcess
    10-24 01:18 PM
    Are you sure it is 90 days, i think it is 180 days and above. Since visitor visa is 6 months max, most are not eligible to apply. After 9/11 my parents had to postpone their return by a month, we had a valid extension etc. My CPA told me that since i had filled out a sponsorship letter to support their visa application, it would create a hassle for my parents during reentry. I did not want to complicate things so i did not claim them.

    My friend is a GC holder and he claims his parents as dependents when they stay for more than 180 days. He has had no issues so far. As far as i know, I have yet to see a case where people have run into issues for claiming parents as dependents.

    It has to be 180 days. But you can give it a try...the worst case scenario is, IRS would reject the 'dependent' claim and you may have to pay whatever difference in tax..
    I got it and my parents stayed for 5 months and 2 weeks. It was <180 days and IRS accepted it.



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  • simple1
    10-30 07:20 PM
    part 3, item 2: "Have you received public assistance in the United States from any source, including the U.S.Government or any State, county, city, or municipality (other than emergency medical treatment), or are you likely to receive public assistance in the future?"

    that settles it. Receiving Unemployment benefits is okay on AOS.





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  • GreenCard4US
    08-21 02:22 PM
    Thank you very much for your quick reponse. Can I invoke AC21 now when an RFE is pending? Also, since I had already joined company C when I applied for 485, can I still invoke AC21. Do I reply to the RFE first and then invoke AC 21 or as part of RFE can I invoke AC21? Thanks again.



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  • TimeSaver
    07-13 06:10 PM
    Seems like it could be new August visa bulletin. With some cutoffs. but applications sent already will not be rejected. They won't be worked upon but wont be rejected.





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  • walking_dude
    09-25 01:27 PM
    And while you guys are at it, a clearly visible ( in bold or red) message at the top of every messageboard/forum can improve the situation making it clear in legal terms.


    Something like "The opinions expressed by the members are their own personal views. IV neither endorses nor rejects any views expressed by it's members. IV is not responsible for the views expressed by it's members " [ or something to that effect in "legalese"]



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  • Gigantic697
    10-12 02:21 PM
    I read somewhere that if you can provide a letter from the company stating that you are on an extended maternity leave and also that company has no problems with that, you maintain your status even though you are not getting paid.





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  • indian111
    10-13 11:06 AM
    30 minutes per day aerobics ?

    lol that was a good one :P



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  • rinkurazdan
    05-30 04:45 PM
    I haven't come here for a while and don't know what's happening here. Several weeks ago, we said we would be happy if congresses pass CIR. How come we don't want CIR to be passed now?
    Please read the IV Core groups analysis on the CIR bill...which is totally different than the CIR thhat was passed by the previous Senate in 2006





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  • prioritydate
    08-19 05:40 PM
    Hi Friends,
    My PD is Mar, 2005 filed under EB2. Me & My wife got an RFE asking status for a particular period [like May 01, xxxx to Feb xxxx]. These dates exactly fall under just one month before graduation to OPT expiration.

    For my case �.. no issues providing evidence and everything is straight forward.

    But for my wife �.we have some issue (I think)

    USCIS wants her status from May 01, 2003 to Mar 01 2006.

    She graduated on May 23, 2003. She used 60 days grace period before applying for EAD.

    OPT from July 31, 2003 to July 30, 2004 [exactly one year and was looking for job�didn't find one]

    We filed H1B in April, 2004 so that she can start working from Oct, 2004 [H1B approved for Oct 2004 to Sep 2007 ..extension approved too�]

    But No status from July 31, 2004 to Sep 30, 2004 [USCIS issued a gap relief for all the F1 students like this]�.

    What are odds that her case might we rejected�any opinions here.

    Thanks,
    Jingi


    Di you submit all F1, H1, EAD documents to the USCIS with your original I0485 submission? Did you send any W2 forms?



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  • dsneyog
    01-15 09:03 AM
    You are really lucky! I guess since my application was fresh I could not efile. Or I read many posts about how paper filing is way to go to get faster approvals. I think with USCIS everything seems unpredictable.

    I am really hoping that mine comes soon.

    I e-filed my AP application on Dec 29 at TSC and got the approval email yesterday ... Got approved in 2 weeks.





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  • Rb_newsletter
    02-23 03:22 PM
    Ofcourse your intention was opposite to H1b's guidance. But in tax returns it is going to be mentioned as just 1099. Everyone who deposited money in savings account will receive a 1099 and will have to report it to IRS at the time of filing. I don't think USCIS is going to drill into this.
    It also depends on the amount on 1099 form. If it is as big as your salary say 60K/80K then it may catch the attention of the people.

    Hey I am not an attorney and above is just my opinion. You should definitely consult with an attorney.



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  • GCFever007
    08-08 12:39 PM
    On June 2nd my attorney sent 485 application to Vermont instead of NE/TX, but after waiting for a month, In july I got my wifes reciept from NE saying received date as 6 june 2007 and notice date as 22 june 2007, long story short is you should be good dont worry they will redirect to the right service center.





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  • coolstonesa
    03-10 05:24 PM
    H1B is a work permit and as a dentist she can't work without a license. So H1B can't be filed without a license as she fails to meet minimum requirements to work.





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  • LostInGCProcess
    09-02 10:40 AM
    This is not correct. The OP's status is not determined by what he files in the I-9 form. The determining factor is the I-94 form, the latest one that is valid. If the OP got an I-94 attached to his I-797 form (usually one does), then s/he is in H1-B from the day printed on the I-94 form regardless how long does the EAD remain valid.

    AFAIK, if the OP wishes to remain on F-1 EAD, s/he can go out of the country before the H1-B I-94 starting date (Oct 1?) and reenter US on F-1 visa (i.e., the I-94 given at the port of entry would be for F-1). I do not know if there is any risk involved, or what would happen to the H1-B approval.

    ---------
    I am not a lawyer. Use at your own risk any information given by me.

    I think you are confused with the question. There is no mention of F1. The question is: If a person is on H1 and also has an EAD, what factor determines the switch from H1 to EAD? Are you suggesting one must travel out and in of the country to get the status changed from H1 to EAD? I don't think thats correct.
    Please read the question clearly and don't get confused. F1 and H1 are different....but one can have both H1 and EAD (when I-485 is pending).





    Heart
    10-07 05:35 PM
    My I-94 has expired becoz it was issued up to my passport validity. If I have to renew it, is it a good option to cross border and get a new I-94, like going to Mexico or Canada. Please advice. I am not sure how to proceed. No one knows the procedure. Please if anyone knows, advice.





    sivasiva
    09-05 09:47 AM
    just called USCIS and reached level 2 customer support. she still could not find my 485 information. She send a request to NSC to look for my application. and ask me to ask them after 45 days if I still not hear anything from NSC.

    Dont worry. You will get it soon. .Same thing happened to me. Applied I-485 on July 2nd, EAD/AP in 2nd week of August. Got receipts for EAD/AP from NEC on Aug 29, checks cleared today for I-485 from TSC.

    So Dont worry.. You should get it.



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