Monday, June 13, 2011

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  • Pagal
    02-06 04:38 PM
    I am a CDN citizen, so I know it a bit better.

    :) I believe you... for me tax treaty is a 'nice-to-have', but the dual standards of taxation vs living status is my issue.

    Taxation on consumption is my preference, but of course, that would be too logical for politicians and bureaucrats... ;)

    See www.fairtax.org for details.





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  • skp71
    07-13 10:32 AM
    Her 485 has been filed FOUR years ago sir.

    She is NOT in H4 status anymore the day your I-485 is approved.

    She has 180 days (from your approval date) to file I-485 application, otherwise she has to do follow-to-join CP at consulate abroad.

    Consult a good attorney asap.


    ____________________
    Not a legal advice.





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  • vxg
    03-25 02:43 PM
    If you work for a consulting firm requiring you to work for clients at various locations your labor application should have stated as various locations within US instead of one location. Since your labor was filed in 2002 i assume it was using old labor process (State labor than Regional thru BEC), the rules for that labor filing state that Company should file the state labor in the state where it is headquartered if employee is supposed to working at various locations. My labor was filed that way and application stated location as various within US. If you had that than it should not be an issue.
    On March 12 2009 I got an query on my I-485.
    Requesting discrepancy in the labor applied on Nov'7 2002 and present working place.

    My company(abc ltd) applied labor on Nov'07 2002 while I was working at the clients(xyz) place in Los Angeles.

    I got my I-140 approved on Feb'15 2006, while I was with the same client(xyz) at that time.

    On Dec'04 2006 I moved to Detroit, started working with different client.

    RFE goes like this.

    The Documentation submitted with your application and/or a review of service records indicate that you no longer reside in the same state or geographical location as the underlying form i-140 immigration petitioner and /or job location specified by your intended permanent employer.

    There fore submit a currently dated letter from your original form I-140 employer which which address this discrepancy.

    I am still working with the same employer who filed my labor certification.


    Any gurus who can suggest me on the query would be greatly appreciated.





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  • hibworker
    03-08 03:23 PM
    thats what gist of it i was not there
    the vo seems to be saying that last time when he went to stamping he filled his client details like where he working and which was az at that time and this VO was saying now you are working in NJ ,the confusion seems to becaused by the clinet letter in which his manager wrote that he directly reports to him as consultant,VO is assuming that he working here without preoper documents,atleast that what i understood:confused:.

    As the client manager mentioned that your brother reports to him that implies that his employer - consulting firm that filed H1 - does not have an employee - employer relationship with him. As per the last year's guidelines such staff augmentation is no longer allowed on H1 and hence the rejection. One of my friend went through similar situation last month in Delhi - his H1 got rejected as he was working on a multi year contract at client site where his work was controlled by client manager.

    Applying again for the same job and company will not be helpful. The alternative is to get H1 from a different employer or to convince the current client to directly sponsor the visa.



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  • ashkam
    07-20 09:11 AM
    My attorney said e-notice is fine and applied.
    but in enotice it is written

    Please note that this e-mail message is being sent as a
    courtesy and cannot be used as evidence of nonimmigrant
    status. Nor can this message be used as evidence to procure
    an immigrant visa


    I am worried if my packages comes back after aug 17?

    My lawyer refused to file with the e-pproval and I agree with him. Why take a risk with such an important matter. If you're approved, you should get your approval notice in a couple of weeks at the most. File your 485 after that.





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  • logiclife
    06-18 06:04 PM
    Exactly the same as mine (except that I needed to copy whole passport)

    That is the exact list my lawyer has sent me. Ditto. Also, he too asked for copy of all pages (blank and printed, every single page) of passport.



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  • rongha_2000
    10-11 04:52 PM
    Ok, if this is true, its sure that your employer is exploiting you and thats shameful. Keep all your correspondence in writing. If employer is not reply in writing somehow record your phone conversation with him and then
    1) You have a valid case to file a complaint with the DOL and suing your employer and seek punitive damages. Since your I140 is approved then you switch to another employer and port your PD. Atleast that will not be lost. If the judge grants you the punitive damage, I'd say Dude take that and go back to india cos that money will be enough for you to live a peaceful life there :)
    2) In above case the only flip side is that you will not be able to file I485 anytime soon and will loose benefits like EAD and stuff.
    3) If you can ride it through, do it and after 180 days using AC-21 change jobs and first thing you do is sue your employer and seek punitive damages. In that case you will have numbers to prove the financial, emotional hardships you experienced in this ordeal.

    In either case dont spare the blood-sucking employer. Its employers like these that make general american public think that H1-B is being abused.

    hi,
    this might look an essay but this is true ----------------
    i filed my 485/ead/ap in july and i have received my ead. now the situation is very tense for me since my emloyer has stopped paying since july and when i asked for my salaries he said i will revoke your 140 and terminate your job if you crib about salary .
    he is doing this to another colleague of my the same thing . now if we leave the company , he will get a valid reason to revoke the 140 and thats why we are not leaving too and we are hardly surviving without salries .
    anyone has any suggestions on this issue , i will appreciate any suggestions

    thanks and regards





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  • ultimo
    10-02 10:07 AM
    it wont be a uscis mistake . who knows , too much application they are carreid away



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  • dealsnet
    10-07 03:14 PM
    Your earlier post sound she filed for you.
    Once you file I-485 for her, her age will be frozen.
    But GC is for unmarried children.
    If she is married before GC and USCIS knows about it, they can deny her petition.
    If she marry a H1B guy, she can take H4 visa.
    Consult a lawyer to find how to keep her in 'STATUS'.

    When she was 19, I applied for her on behalf of me.
    She was my dependent.





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  • leo2606
    11-13 09:41 PM
    Why does he need to wait?He is talking about previous employer.

    Wait for 6 months since Receipt Date... And then complain to DOL... You don't want to lose your I-140...

    Otherwise.. what are you waiting for :-)



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  • abhikal
    04-28 06:23 PM
    Hi guys,
    please help me out. My H1 will expire May 09 (i could claim about 3-4 months outside of india for h1 extension)
    My question is if i start my LCA < 365 days from H1b expiry date and get it approved and subsequently file for 1-140 and say 1-140 is not approved, will i get H1 7th year extension?

    Thanks for your help and replies





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  • sunny1000
    09-27 04:01 PM
    I believe, USCIS website was updated on Sep 21st 2009.

    My Priority date is Jun 2006 and applied in EB3 category.
    I got an email on Sep 22nd 2009 from USCIS saying "Document mailed to applicant". When I see online status, it is "Document production or Oath Ceremony".
    I called twice USCIS to confirm it. But they are saying "According to online status the document was already sent to your current address".

    I am in a situation to beleive it or not? to celebrate it or not.... :-( .....

    And one more thing is "I got EAD before my marriage and I haven't added my wife to I485"?

    If I get GC, how to add my wife to GC? is it possible? what is her status right now?

    Thanks in advance...

    Update your profile first. Your priority date is nowhere near the approval timeframe. If by chance, you do get it, you can file for a "follow to join" procedure.



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  • Kitiara
    10-08 08:22 AM
    All of them are very well done, but BBatPA's just appeal to me the most. :)





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  • richi121175
    01-20 04:44 PM
    Contributions is the need of the hour. Please help in contributions from other members. Thanks.

    Does that mean we are no more after the goal of I-485 provision (attached to appropriation bills in Feb) due to lack of contributions? There has been several posts even in other forums saying that IV has dropped this goal, and I tried quite a few times now to get some form of confirmation/denial from any of the core members, but without any luck yet. Also logiclife's announcement was removed from the home page!!



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  • Yeldarb
    11-12 04:28 PM
    www.esrucehtesrever.com - A site I made with XHTML and CSS. It uses PHP/mySQL for the entries to sign a petition with the intent of Reversing the Curse of the Chicago Cubs.

    www.bandstation.com - A site for bands looking for new members. It utilizes CSS for the design, and has a full PHP/mySQL backend for advertisement display and users. Users can register and post their own information and job offers for their respective state.





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  • Roger Binny
    03-07 01:04 PM
    This has been answered many times, it doesn't hamper existing EB3 case, only after EB2 140 approval USCIS links the old PD to existing 485.



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  • validIV
    03-09 06:27 PM
    Real estate investment right now is very good. Buy some foreclosures cheap (under 50k) then rent. Use the equity to buy more houses. Daisy chain rinse and repeat. Within a year especially with this economy you will be living the American Dream.





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  • legaleagle
    05-27 06:37 PM
    Hello diptam,
    I am on H1 with AOS pending. I will be applying for H1 extension for first time. Could you give me a link for the procedure and documentaion. My period expires on Sept 2008.
    Thanks





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  • Singer
    10-21 11:06 PM
    I am a vocalist based in the US for the last 13 years. I have performed around the world at World music festivals, television shows, radios, various clubs, private events, for stars like P... S.... and D.... B.... and for organizations such as UN, UNESCO, UNDP, NDI, Schomburg Center, etc.I have always been legal and on several P1/O1 artist visas), I have applied on December 2006 for a EB1-EA green card

    On June 10th 2007 I have received a RFE from the Nebraska Service Center, and I had to submit additional stuff proving I am really a singer with an international carreer. (I won an award by the way)before August 15th 2007. On August 3rd 2007 I went myself to the FedEx office and sent a priority 8.0lbs package to the Nebraska Service Center. It was delivered on August 6th signed by Mr. Brad B... at the Nebraska Center.

    When I called they said my case was pending, same thing on the USCIS website where I create a portfolio. It is until April 2009 that thanks to congressional and senatorial help that we found out that my I-140 and I-485 had been denied, closed archived since end of August 2007! They said that my response to the RFE was received by them in October!

    We argued that I never received the denial notice, neither my attorney received. My congressional liaison faxed them the ax receipt, then the congressional liaison there said: "O my God!" We were hoping that at this stage they would simply reopen the case and look at my 8 pounder RFE response! Nebraska Service Center decided that i will have to file an appeal.

    In April 2008 I filled and appeal with Administrative Appeals Office in DC in 2008 (more money into thei pockets) to demonstrate that both my I-140 and I-485 were denied in error, (they had lost my application) the case was returned to Nebraska for them to reconsider.

    The AAO decision granted me all that was in their power to give.

    1. The appeal was rejected because it was untimely filed -- By statute (law) they cannot consider an untimely appeal regardless of circumstances however.

    2. They state that if "an utimely appeal meets the requirements of a motion to reopen or a motion to reconsider, the appeal "MUST" be treated as a motion and a decision "MUST" be made on the merits of the case. -- This is exactly what I asked for.

    3. They state that a motion to reconsider must establish that the decision was incorrect based on the evidence of record at the time of the initial decision. Again this is exactly what I claimed.

    4. They catagoricaly state in paragraph 2 on page 3 -- Here, the untimely appeal "MEETS" the requirements of a motion to reopen and reconsider. They also positively state that you "SUCCESSFULLY" argue that the October 10, 2007 decision was "FLAWED" and they point to 2 specific reasons -- that yur attorney of record was not properly notified and that your response to the RFE was not considered.

    5. In paragraph 5 on page 3 they conclude that the October 10, 2007 decision was "CLEARLY IN ERROR" and that the decision "DID NOT COMPLY WITH THE REGULATORY REQUIREMENTS".

    6. Finally, in the last pragraph on page 3 and the 1st paragraph of page 4 they state "therefore, the director "MUST" consider the untimely appeal as a motion to reopen and reconsider and render a "NEW" decision acccordingly"

    7. They also state that the "NEW" decision "MUST" thoroughly address all of the evidence submitted in your response to the RFE.

    So the AAO�s office sent back my file to the Nebraska Service Center.
    Then the I-140 was reopened and I finally approved May 20th 2009. At that time the rest should be like �a letter in the mail�. That is when I demanded that my I-485 be reopened as well.
    They responded to my congressional liaison telling him that they will reopen the I-485 and tat the green cards were being prepared and would be sent to us in less then 60 days. Stating: This has been going on for too long�

    That is when the �saga� took another turn. On August 14th 09 I received another RFE on the I-485! I was told by one lawyer that it was not so bad (they just needed to update my records since 2006 is the date of my first GC filling), But this RFE did not make sense because once the I-140 is approved they should not ask me to supply any documents work related. They wanted me to prove that I will continue to work in my field, what I have been doing for the last 2 years since they have denied my case and what will be my upcoming work offers.

    Remember that in May 2009 they have said that the green cards would be sent�
    We responded again with a 5 pounder file! We mailed it September 1rst 2009. I provided them with the same documents I sent in the 8 pounder they have lost in 2006, plus everything I have done since. Including all the performances with P. S., D. B. and letters from future contractors such as The United Nations, Schomburg, my booking agents letters, etc...)

    October 19th 2009 we received an email from USCIS saying that a decision has been taken and that my husband�s I-485 has been denied!
    Another ridiculous thing.
    1-I am the petitioner, not my husband.
    2-They should adjudicate my case first, not my husband�s!
    3-my case is still pending no decision made on it�

    At this time, we are awaiting the full denial explanation letter, to see what is the reason for their decision. Hoping that they just made another mistake for example dissociated my husband I-485 from mine the petitioner.

    I am currently (Thank God) on an 01-visa valid until 2011, my husband has a -O3-visa

    Because of this terrible saga, we have endured a tremendous stress, and anxiety. We have lost a lot of money. Between the lawyers fees, the various application fees plus the appeal we have spent more than $20,000. I have decided not to file another appeal because this is more money into their pockets. I am ready to sue the USICS with a writ of mandamus and more if they do not fix the multiple mistakes they have made.

    Please somebody in this forum answers me. What should I do? Please help!

    Thank you.

    Singer





    imind
    03-12 03:50 PM
    You can go to dice.com or any other jobportal and search for any IT job and you will see lot of jobs says:

    NO H1Bs....ONLY EAD/GC/CITIZENSIP .





    fatjoe
    09-05 10:16 AM
    Same here. All filed at NSC. Filed for EAD and AP on Aug 10th. Checks got cleared on Aug 24th. But did not get the reciept notice yet. Why is it taking so long a time to get the REceipt notices for EAD/AP, where my checks were cleared a couple of weeks ago.
    Filed for 485 on July 18th, checks not cleared yet. Already my LC that was filed in July-2002 was denied due to the careless mistake of the attorney/employer. So, Keeping my fingers crossed.
    BTW: Do, you know what # should I dial to contact USCIS to get info on I485/EAD/AP.
    Thanks.



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