Wednesday, June 15, 2011

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  • neerajkandhari
    06-04 07:47 AM
    CIS should not have asked for an Affidavit of Support, but the other documents are normal. It is not unheard of for employment-based I-485 applicants to be interviewed, but usually they are not called if the priority date is not current. CIS might have confused your case with a family matter. However, you should attend the interview, and send all documents they request except the I-864. You can explain that an Aff. of Support should not be required in an EB case.

    I have recently left my job I have another job offer with the same position and same and higher salary can they pay me via 1099
    I had my wife start a business can i work in the same position in her business with same or higher salary can i do 1099 instead of W2

    please Advice




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  • vamsi_poondla
    01-19 01:17 PM
    Thank you for correcting. I was under the impression that most of the folks were pre-July 2007 filers (retro effective fees until Aug 17th ruling given by CIS). So I thought all impacted by June and July bulletins will be paying a lot without the admin fixes. And the whole hassle of renewals every year. Just cant imagine that we are in a developed country with such silly rules and all. This country needs immigrants now more than ever...People like us who can act, change and move things in a pragmatic way...

    Like you said...$2 is many times cheaper even if it is combo filing according to new fees. Let us not procrastinate further...this weekend, let us complete the letter and mail it.

    All, please act...time is the essence.


    The contrast correct, however the math behind is slightly wrong:

    Special Instructions :

    If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date. If you file Form I-765 separately, you must also submit a copy of your Form I-797C, Notice of Action, receipt as evidence of the filing of an I-485.

    You may be eligible to file this form electronically. Please see the related link "Introduction to Electronic Filing" for more information.

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D

    So regardless of number of years a family of 3 upon next renewal will pay $2099 (which is still a huge number compares to $2 :) ) once and for all. That's why USCIS thinks it a good business alternative to give out 3 year EAD/AP so that they can cut cost. At the end of the day this change if implemented will be mutually beneficial.




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  • laksmi
    02-08 10:23 AM
    How much is the renal fee for EAD any idea is it $340 (like a new application or �..) please let us know.




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  • casinoroyale
    08-22 09:47 AM
    Bumping so that this thread can get traction. Looks like mostly GC related traffic comes to IV.



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  • Lasantha
    07-31 07:28 AM
    For evaluations try Sheila Danzig at http://www.thedegreepeople.com/

    From personal experience I know she is well qulaified for this kind of evaluations. She gives you a very comprehensive evaluation. I can honestly say that I have my GC now because of her. I have been recommending her ever since.

    Hello,

    I just received RFE for I-140.
    I-140 Details:
    I have applied I-140 under EB2 India.
    I have BS(3 years) with computer science & MCA(MS 3 years) in computer science. So total 6 years of education in computer science(3 yrs BS + 3 yrs MS).
    Also I have 1.5 years(18 months) of experience after completing my MS. I have submitted my experience letter at the time of filling labor But USCIS didn't ask anything regarding experience.

    In labor(PERM) we mentioned Masters required
    & Major field of study is Computers.

    Do I qualify for EB2?? Plz let me know.

    RFE details:
    1) Degree evaluation(what's the procedure?)
    &
    2) They want most recent W2 for 2007.

    In 2007(W2) I got paid $59K(gross) & in LCA(H1B) prevailing wage mentioned is $55k.

    In labor(PERM) prevailing wage mentioned is $63K & offered wage mentioned is $65K.

    Difference between W2 & Prevailing wage in labor(PERM) is $4000($63K - $59K).
    Difference between W2 & Offered wage in labor(PERM) is $6000($65K - $59K).
    Is this a serious problem???

    My labor already got approved.
    My company is financially very good.

    Now which wage USCIS consider or match with W2??

    I will really appreciate your response.

    Thanks.




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  • for_gc
    05-01 10:25 AM
    I very much like this idea. I can help you on this if you want. I may not be able to spend much time on it during the work hours but may try to squeeze out something in the evenings, weekends.

    I was very curious when CIS/DOS made a comment yesterday that FIFO is very complex to follow. I understand that it has to be complex but on the other hand if we can help them in any ways that will be great.

    Also, it will help if we can make this as a IV org level campaign and see if we can get some transparency out of USCIS/DOS as to how they are arriving at the cut off dates.



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  • vkrishn
    08-28 10:02 PM
    Not only mine. There are many in the same scenario. Its the feeling of being close to the finishline but stll can't cross it. Sudden Influx of anything let it be USCIS is not good.




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  • GCforever1
    09-15 01:08 PM
    wow !!! freedom when your wife is in India ....go to strip bar and have fun:) you need to enjoy

    Any ideas? (My wife and son are in india now).
    Anyway, I will support IV wholeheartedly going forward. Of course, I got benefitted from it. I am a long timer, 2001, EB3.



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  • prom2
    10-25 05:26 PM
    I got the same response about AP (same RD), approved Oct 17, not received yet.

    Please let us know if you receive it. Good luck.




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  • Rb_newsletter
    02-09 03:28 PM
    These are blood sucking leeches playing with our emotions, just for the sake of few clicks on to their page.
    The article is Dated Feb 11, 2010 and glorifying a half-hearted attempt in Dec 2009. GRRReattt:mad:

    How does this 'Blog Feeds' work? Is there a way to filter these kind of dupicate/old news?



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  • vjkypally
    05-29 08:54 AM
    Same here.

    I am july 07 filer and I got RFE for EVL and that should be on companys letter head and a copy of it with job description and offer for full time with salary. (In fact I have sent AC21 through attorney)

    And RFE for current residence proof




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  • gc28262
    07-31 02:14 PM
    Thank you for your prompt response

    1. Since company did not send me to USA after getting h1b visa 32 months back. Can he take legal action to pay liquidated charges? as mentioned below in the agreement.

    I don't know the details about the contract. Just complain to DOL. Your "employer" will be so busy defending themselves, they won't have any time left to come after you.

    Extract from Agreement: If the employee terminates the agreement prior to the minimum period of 18 months, the employee will pay company liquidated charges of 4000 USD.

    Liquidated damages ? Not sure how they have incurred some damages because of you. Since they claim to be your employer , they are supposed to pay you the salary all these years. Have they paid you all these years ?

    2.Can New Jersy laws applicable in India to send a legal notice to me?

    I am not a lawyer or one knowledgeable in law. Discuss with a lawyer in India and see whether your employer can do anything to you in India depending on the contract you signed. As for US side, you have nothing to worry.

    3. Since I have not travelled to USA on H1B, Can I be called an Employee of that company who processed my H1B.


    4. Can I take any legal action against him as he did not send me to USA despite the fact that I renewed the Bank Guarantee twice.

    As for US, complaint to DOL. DOL will do the needful without you spending a paisa. For India, discuss with an Indian lawyer.

    Pls answer the above 3 questions.



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  • dealsnet
    04-14 09:25 AM
    It is very clear. Child can charge to either parents chargeability. Parents cannot charge to child's country of birth.
    Lawyers are not always correct. Check the law by ourselves. Only government can change the law. Not by any lawyers.

    it seems clear - a child can claim either parents country chargeability. A spouse can claim a favorable country chargeability. I dont think it says that a parent can claim chargeability of childs birth country.




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  • bluekayal
    10-17 08:15 AM
    thanks for clarifying.



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  • aamchimumbai
    05-17 03:11 AM
    How long did i take for you to get the vaccinations ? I mean were you done in a day.

    Thanks


    I just posted another alternative to saving on the vaccines:

    http://immigrationvoice.org/forum/showpost.php?p=87048&postcount=20

    Basically, if your county health dept has a program, they can give you vaccinations for dirt cheap prices. I paid only $10 per person for Td & MMR :)




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  • lost_in_gc_land
    01-24 01:46 PM
    Hi
    Am in the same situation, 221(g) yellow form Mumbai since mid-November. Still in India awaiting further indication from the consulate. Have had lawyers call DOS, have called the consulate a few times but the response is standard - awaiting feedback from Washington, no way to expedite.
    Sucks...sorry you have to go through this too. Feel free to pm me if you like



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  • Catherine
    06-23 09:46 AM
    The link and article are a little confusing in that they say that divorce does not affect immigration status once a green card has been issued. This is not always correct. I have a green card but it has conditions, i.e. an expiration date. This is what married couples have to apply to have removed after two years (actually in a 90 day window prior to the two year anniversary of receiving the card).

    If you divorce prior to that date, you will be unable to file jointly (or at least, technically you shouldn't, though I've heard of some couples that may have done so as their relationship is still amicable) to have the conditions removed and attain unconditional residency.

    Thus, you could have a green card (with conditions) and divorce WOULD affect your immigration status. As per the article, you would need then to file a waiver to have the conditions removed and keep your green card past its expiration date.

    Hope that helps someone.




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  • geesee
    07-13 09:38 AM
    These should be called "Payed Services". What do you think ?

    I highly oppose calling those "Payed Services", but I am ok with "Paid Services" ;)




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  • desi3933
    06-30 01:56 PM
    ....
    I can work in the Software company fulltime but at the same time can work in a motel part time, now when I get lay off from the software company ..I'll be in status but working for motel, also not full filling the condition of Highly skilled labor etc.

    Can someone please explain all this. So far I know you cannot have this and this is what my attorney told me when I thought of doing that to open up a company and work as an employee partitme in it.

    Mr./Ms. P. Saxena -

    Each H-1B must be for specialty occupation, whether job is full time or part time. Beyond that, it does not matter whether job is classified as "Highly Skilled Labor" or not.

    USCIS - What is a specialty occupation? (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=6408ec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=4b18dc4d88889010VgnVCM10000045f3d6a1 RCRD)

    Hopefully this clears your confusion,

    Have a good day!

    desi3933




    speddi
    08-24 02:08 PM
    The scenario is

    Company A filed 485 in EB2 with an approved 140. Company B filed 140 with an older PD in EB2. After 180 days(AC21), we change to company B on H1 and company B's 140 is approved in the meantime. We can change the underlying 140 with the new approved 140(old PD). I have couple of questions:
    1. Do we have to stick to company B for 180 days again to invoke AC21 or for only the time till the interfiling process is completed and we get a confirmation from USCIS ?
    2. Does the new PD need to be current for us to file for interfiling?

    Thank you




    immigrationvoice1
    03-06 02:21 PM
    I filed my I485 mid 2003. I missed the boat end of 2004, some where in 2005 and then in 2007 when my dates were current. My pd is in 2002. People who filed with me have been approved and they are ready for citizenship next year :mad:, while I got my 6th EAD approved

    You mean all these years you were stuck in name check or something ? Are you EB3 India ? 6th EAD is too many EADs to believe....wish you get your GC soon.



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