Saturday 18 June 2011

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  • mirage
    07-29 02:25 PM
    I did not have prior information about this call, else I would,ve ask them 2 questions.

    1) Why Don't USCIS give 2 years AP too..

    2) USCIS should publish some statistics on how many Employement based AOS applications they have pending, what EB categories they are in along the the chargeable country and priority dates..

    Thanks




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  • bablata2007
    11-27 04:29 PM
    Is this a feasible option? Incase I lose the job, can I change to H4 status based on my wife's H1B? Then wait out the 180 days period and get back to another job?




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  • akred
    02-23 10:51 AM
    Here is e.g. for 2002 again this excludes schedule A here is the breakdown for india

    EB1 - 3K
    EB2 - 21K
    EB3 - 17.5K
    EB4 - 0.3K
    EB5 - 0
    EB Total - 41K

    Am I missing something?

    One other factor is in play:

    100,000 visas were recaptured in 2000 under the AC21 act and made available to oversubscribed countries over the years until they ran out in 2005.




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  • mambarg
    08-30 01:30 PM
    I dont think you mean LUD on 485 correctly.
    It has to be after ND.



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  • RSRao
    10-28 03:32 PM
    This is regarding my husbands H1b extension. He has been working for a Indian consultancy since 3 years. Now he got a full time offer with a reputed consulting firm (contract to hire) and they are processing his extension and transfer. Its for a different end client but this company does implementation for the client. We received a first RFE a month back requesting for purchase order, manager letter, duties to be performed, organisational chart etc. The company answered with all the relevant documents. But we have received a second RFE now. Not sure what the RFE is for and we are anxiously waiting for it. Please let us know if any of you guys have faced similar situation, incured a second time RFE. how common is to get RFE for the second time.Also do premium petitions get RFE in a fax or email message or do we have to wait for arrival through mail. The attorney said wud take 2 weeks for it to arrive. His 194 has expired and we are really worried now. What are the other options, can we apply for extension through another company when this one is in process?. He already has started working for this company once the receipt number was sent out. Any inputs are highly appreciated. If you have had similar experiences please share.




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  • prem_goel
    07-07 01:17 AM
    My lawyer who handled my H-1b transfer told me that. I find it logical as well. If you are the beneficiary of an approved H-1B petition, then why can't you go back to that status whenever you want. So I think its correct. however she did mention that she handled the case of a person who was on EAD for about an year. i am assuming his old H-1B petition must've been valid when they filed again.



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  • bkarnik
    10-26 03:33 PM
    My experience, this is at the Mumbai consulate in 2004. At that time they had the drop box in place. I mailed my documents and they returned everything back with my H1 stamped.

    My wife went for her H4 stamping (second stage) in 2005. They asked for all the original documents i.e my I-797 and her I-797 but returned both of the documents back at the end of the interview. I think she had copies with her and they kept those.

    Best bet is to contact VFS and inquire.




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  • prioritydate
    08-14 12:57 PM
    I support the theory part of your concept, but I dont think USCIS has the capability to implement it. I would rather say that , The earlier stages Labor and 140 might be more appropriate to apply your theory, wherein direct employees with bigger organizations will have faster approvals, which indirectly would makes their adjustment of status faster.

    Also, as mentioned in the earlier post, being proactive with your case and having a good lawyer also affect the speed at which case is processed.

    Ok. I added another clause. I-140, name check etc are approved.



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  • thamizhan
    07-12 01:15 PM
    I checked with my lawyer and they mentioned, so far they have not received my packet from USCIS.




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  • desi485
    12-21 06:32 PM
    looks like ur first post. Its not advisable to move before 180 days. If at all you have to do it, take your current employer in confidence.



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  • yabadaba
    06-28 09:08 AM
    ^^^^^




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  • Berkeleybee
    03-28 11:03 AM
    Berkleybee,

    We know IV has set policies about postings, but i have to agree with Jnayar here. It is really a waste of time and counterproductive for individuals to be on 2-3 different forums. Especially when the creme-de-la-creme is on this one.

    I mean at max, some people will read the issues and not post a reply, but if someone DOES have an answer, it would make life easier on the person that posted the question. From my personal experience, i used to visit the ImmigrationPortal religiously during the past year. Now i have not once stepped onto that forum, coz most of my needs regarding information are met here. We have a strong, vast and diverse community on here and we can help each other out, being that most Immigration Lawyers are not very prompt in answering our questions. You guys have been doing a great job moderating this forum, but we need to have a seperate category for these extra issues.

    Adding another forum should not be too big of an issue in my opinion, though the Admin could shed some light on this.


    All people have to do is monitor two forums. That is exactly what I do. When my application was sent off to the Texas Service Center from the CSC, I posted on Immig Portal not here.

    We do not want IV to become just another forum. We want to keep our activism at the forefront. And we want the "creme de la" as you call them to focus on the work at hand not answering every question that comes along. If you are familiar with Immig Portal you know that the same question is asked repeatedly, misinformation is spread and moderators have enough to do without getting involved in all that. Not to mention frayed nerves, name calling and the all the rest of it. As it is it is hard to keep people on topic in any given thread. I am not sure you know about the behind the scenes work needed to keep this forum accurate, civil and on point.

    Please understand that we think of Immig Portal as a complementary forum. We were born there, and we think it is the appropriate forum to discuss processing issues.

    And as for extra time, think of all the extra time IV volunteers are spending just getting basic IV work done. Spend the extra 5 mins to go to Immig Portal.



    warm regards,
    Berkeleybee



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  • tnite
    07-19 10:14 AM
    By "resident" you mean its an AOS case and not Counsulate processing right? Meaning he is in US and submitting AOS application right? yes, he has been here for 5 yrs on h1b and his wife was on H4 when he claimed some of her tuition under 8863


    For IRS tax purposes one is considered a resident if they pass the substantial presence test (http://www.irs.gov/businesses/small/international/article/0,,id=96352,00.html). i e. you pay the same taxes every other resident pays and you get the same deductions, exemptions others get.

    There is nothing to worry about in your friends case.
    If they had a home, they would have deducted their interest from the taxes, if they had medical expenses more than 8% of their income then they would have deucted that too.
    As a resident tax filer, these are some of the advantages.
    I dont understand why your friends are worried about this.

    check this out (http://www.irs.gov/taxtopics/tc851.html)

    --------------------------------------------------------------------------

    Since resident and nonresident aliens are taxed differently, it is important for you to determine your status. You are considered a nonresident alien for any period that you are neither a United States citizen nor a United States resident alien.

    You are considered a resident alien if you met one of two tests for the calendar year.

    The first test is the "green card test." If at any time during the calendar year you were a lawful permanent resident of the United States according to the immigration laws, and this status has not been rescinded or administratively or judicially determined to have been abandoned, you are considered to have met the green card test.

    The second test is the "substantial presence test." To meet this test, you must have been physically present in the United States on at least 31 days during the current year, and 183 days during the 3 year period that includes the current year and the 2 years immediately before. To satisfy the 183 days requirement, count all of the days you were present in the current year, and one–third of the days you were present in the first year before the current year, and one–sixth of the days you were present in the second year before the current year. Do not count any day you were present in the United States as an "exempt individual" or commute from Canada or Mexico to work in the United States on more than 75% of the workdays during your working period. An exempt individual may be anyone in the following categories:

    A foreign government–related individual,
    A teacher or trainee with a J or Q visa who substantially complies with the requirements of the visa,
    A student with an F, J, M, or Q visa who substantially complies with the requirements of the visa; or
    A professional athlete temporarily present to compete in a charitable sports event.
    -------------------------------------------------------------------------

    Since your friend and his wife are on H Visa for the last 5 yrs, they are considered resident aliens for tax purposes and they can claim deductions , benefits , hope credit , life time learning credit etc.




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  • gconmymind
    10-31 01:46 PM
    Some of my friends have already received EADs without the FP.

    I am still waiting for receipts - filed 13th August



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  • rajeshalex
    09-15 03:01 PM
    This month they are prompt and published the date on correct date.
    I cant beleive Eb2 NSC is 2008.

    (Last month I had sent a complaint email to ombudsman since there was a major delay in publishing. My summary was if USCIS is not able to manage a small publishing dates, how will they manage large pile of applications.
    Ombudsman had replied to this email.
    I am not sure this email worked )

    Rajesh




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  • rb_248
    10-18 12:16 AM
    rb_248, I am in the similar situation if you dont mind can you share your lawyers details, seems to be very experienced lawyer..

    golgappa,

    Just sent you a PM. Please check your inbox.



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  • needhelp!
    04-16 03:33 PM
    get involved in your Texas state chapter when you finally make your move.
    Flowermound is great, but Plano rocks! ;)




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  • chanduv23
    10-01 03:23 PM
    ^^^^^^^^^^^^^




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  • MunnaBhai
    08-10 05:07 PM
    This dude will never reply back. I am sure




    continuedProgress
    06-08 02:35 PM
    My $50 (3626-8870-3772-9306) for this effort.




    cooldude
    08-03 10:32 PM
    What about I-131. That is 7/1/2007. Its confusing



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