Saturday, June 18, 2011

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  • docwa
    04-12 06:50 PM
    Thanks all. I called my lawyer, and she mentioned that there have been specific cases of the Neb Service Center rejecting I485 applications for internists while they are doing fellowships. I guess my plan would be to find a 'full time' position working a couple of nights a week in the same city where I am working as a fellow, and use that as proof of ongoing full time internist work.

    I am not sure if they need just a letter, or a w2s also. I guess 'full time' is a very arbitrary word, and can be applied to more than 28-32 hrs a week, which is very easily doable.




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  • conundrum
    05-14 09:36 AM
    So the bulletin from Mumbai consulate was accurate after all. I am gald that there is some movement forward, but I will be even more happier if the processing dates at Nebraska will move forward faster :D




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  • nixstor
    07-01 01:26 PM
    I am not sure if I am reading this right or not, go this page

    http://www.imminfo.com/resources/cis-sop-aos/3-7.html

    and read the first para. It says G-325A has to be processed only if the applicant has entered the US in non immigrant status less than one year prior to current calendar date of review.

    So any one who has entered US before (07/02/06) will have their G-325A trashed? I was under the impression that USCIS does use the biographic information to check with local law enforcement for the the past 5 years as stated in the G-325A. Any ideas?


    Guys,

    Can some read the SOP in the above quote and figure out what they are trying to say?




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  • greyhair
    04-21 12:10 PM
    greyhair - that was something i tried on my own and i have never represented IV.

    you are right we may sue congress but to win that is much much tough as even the judge is been appointed by the president which i guess is a member of congress :) but one can certainly try.

    this requires a big movement for which IV is a very nice platform. that is the reason i keep shouting on this forum that nothing will happen untill you somehow make uscis held accountable or in this case even congress accountable.

    Filing a Lawsuit against USCIS and CONGRESS together may lead us somewhere.

    I don't think constitution allows suing Congress because it has immunity. Based on the their approval ratings you would see thousands of lawsuits everyday if it was allows to sue congress.

    RealClearPolitics - Election Other - Congressional Job Approval (http://www.realclearpolitics.com/epolls/other/congressional_job_approval-903.html)

    In that case we would have to take a number in line to sue congress because it will be big line. In other words there will be backlog to sue Congress and that backlog would be bigger than the green card backlog. :)



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  • for_ac21iv
    06-01 03:26 PM
    Hello all - Thank you,

    I am impressed with the response to this poll.
    Within minutes of creating the poll, I saw a lot of views and
    good number of people expressing interest towards a new
    separate bill for legal immigrants.

    How can we take this forward ?
    Can core members of IV comment on this option please ?
    Can I call and talk to someone to discuss this at IV ?

    PCS -- thank you.

    regards,




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  • sledge_hammer
    07-22 05:40 PM
    No

    hi guys,

    i bet this question must have been asked before but i couldn't find the relevant thread so i'm asking again. Apologies if its a repeat.

    I am maintaining my h1-b while my aos is pending. Last year my wife went to india while she had valid h4 (not stamped in passport) and ap documents. She did not get her visa stamped and reentered the country using the ap with no issues. He i-94 said parolled till some date, march 2009. I totally forgot about it and never renewed her ap or mine. Does it pose any kind of threat to her legal status in the us and aos?

    I am still working on h1 and she is a parolee.

    Thanks in advance fopr the responses.



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  • BPforGC
    01-07 02:54 PM
    NO co-sponsors. This bill is going nowhere, even though I will jump with joy if it is passed. DV has no relevance right now and the country is diverse enough. Good idea to eliminate DV and add that to EB, but not going to happen. This congress is going to be a crab jar, one climbing up and others pulling down... nothing will get done.




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  • pune_guy
    11-13 07:50 PM
    The status of our AP applications is also "Document mailed". I hope it means approval is mailed and not some RFE.



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  • wildcat1313
    03-26 02:08 AM
    Yesterday, I went for my H1b stamping but was issued a 221G. I had all documents that the VO asked for.

    1. Client Letter with detailed job descriptions.
    2. Vendor Letter with detailed job requirements and skillsets required
    3. Contract between my company & Vendor.
    4. Work-Order from client to vendor.
    5. All W2/pay Slips
    6. Company Tax return for last 2 years.
    7. Unemployment wage report
    8. Notarized copy of all employees with location, salary, start date , end date.
    9. Copy of filing with USCIS.
    10. All timesheets esablishing employee/employer relationship as well as billing timesheets

    VO refused the visa saying he wants to see the contract between employer & end client. Vendor is saying they cannot provide it because of legal issues but are willing to provide a detailed letter stating the same.


    I have been with the same employer for last 7 years and never been on bench with I-140 approved. Have worked for same client earlier for 4 years, took a break as I was bored, worked for another client for a year, came back and have been working there for last 2 years now. Client is very co-operative and is willing to help in anyway they can as they need my services.

    What are my chances of getting tbe visa without the original contract?
    I had to travel to India because of a family emergency. My family is in US as kids are in school. I would really appreciate if you can answer.




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  • suren26
    07-24 12:54 PM
    My LAWYER is saying the same that i am leagal till FEB 2010(compelting 6 yrs). He is asking me to renew the H1B for 1 year based on I140 appeal. and apply for new LC & and I140 based on that and if it gets approved then rebew H1B for 3 yrs based in new approved I140.

    But some threads are saying that if you I485 gets denied then you have to reinstate the H1B, Is that true?



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  • tonyHK12
    01-06 01:35 PM
    Yes I always thought DV lottery was a scam which does nothing to increase diversity.
    Yearly 50,000 lottery winners without any skill requirements get a GC, Also only about 50,000 high skilled immigrants with their family get a GC.
    great so these two are equally important, lottery and high skills.
    Of course maybe EB2 and EB3 got their degrees and US jobs by luck and gambling without any skills.
    Life is also always about both skills and luck
    so it makes sense there should be a 50,000 Green card lottery too.
    looks like a tough road for this Bill.

    PS: 1 EB immigrant = 2.25 visas




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  • Danko
    11-27 03:46 AM
    Honestly, what does it even matter if it is MS biased? He works at MS, and has every right to focus on that content. :P

    I knew it.. :beer2:

    Someone said:

    It�s hard to get a man to understand something when his salary depends on his not understanding it.

    btw I am the C# .NET developer, I use it on the server-side all the time - I love it!!
    But honestly - every MS client side techology till now (classic forms&post backs... Atlas/MS Ajax) sucked when having a more complex project.

    ps. I will install Expression Blend today or tomorrow and start working with it... :geek: However, I know that solutions that work cross-platform and cross-OS currently come from Adobe only (AIR). ;) So I think it's at least worth mentioning...



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  • alterego
    04-11 04:59 PM
    I would definitely be cautious about the plan you have mentioned. Here is the reason. You applied as an attending/practicing hospitalist through labor for a future job offer and you are moving into a trainee position. Should you be called for an interview or get a RFE at the AOS stage(not that uncommon nowadays), you would have to demonstrate how it is that doing an oncology fellowship better qualifies you to be a future hospitalist. That would be difficult. You could take a chance and get away but know that you will be taking one.
    Even in cases of Physician NIW when you have completed the stipulated 5 yr commitment, lawyers are unwilling to give the all clear to do a fellowship on the EAD. They seem to be in consensus that you can move into another attending internist job but that is as far as they will go.




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  • sh2005
    08-13 10:43 AM
    Yes, i opened a new thread so that everybody can see that CIS does mostly work on cases according to 485 Receipt Date. Otherwise i can't justify my EAD approval. I filed 485 and AP on June 18th and got RNs 2 weeks later. But EAD was filed later on July 12th. I got the receipt number for EAD from the back of my cashed check but never got actual Receipt Notice. Today i got the email that card production has been ordered.

    So if they have to approve an EAD filed in mid July, they must have gone with the 485 Receipt date. There is an LUD for our APs too for this Sunday. I'm happy that they are processing the cases in somewhat FIFO order. I was expecting EAD only 3-4months later since i filed it along with the July flood of applications.

    Dec2002 EB3 India.


    How about the processing date that was shown for your service center? I applied my I-485, EAD and AP in May (got my RN in may as well). The processing time for EAD and AP is shown to be March 26, 2007 for NSC. But, I recently got my EAD approved and an RFE for AP. So, is the website for processing time not updated as accurately as it made to be seen or somehow some applications (like mine and yours) bypass the FIFO?

    On a separate note, I got an email that an RFE has been issued for my EAD, but I already got the EAD card in hand, before the RFE was issued!!!



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  • nixstor
    01-17 04:07 PM
    There is no difference in filing taxes when you were on OPT vs H1B (by this I mean there are no different forms).


    Aren't 1040, 1040 NR, 1040NR EZ different forms?

    OP has to figure out whether he/she is a resident for tax purposes or not. Looking at the 9 months NR status and 3 month H status, it appears to me that the OP has Non Resident status. How ever, IRS publication will determine that correctly.

    www.nrtaxreturn.com offers tax preparation for international scholars & students. The web based interview on nrtaxreturn does the residency test as well. At least it did 3 years ago when I helped out some one. AFAIK, Turbo tax does not offer Non Resident support.

    The reason why OP got two W-2's is because his employer seems to know that FICA & MQFE should not be deducted from students on F1 status, unless they have been in the country for 5+ years.




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  • obviously
    08-27 05:57 PM
    Folks, the key is here to articulate the interests and educate lawmakers on why amelioration and terminal relief is required. Walking out of workplaces does not reflect the value that legal immigrants bring to the economy. What's needed is a pithy powerful message on why it is important to support those who are in the legal line for immigrating to the USA> We dont seek it as an entitlement, nor do we seek social promotion. Our goal is to get what is available per current policy. We must highlight the pain we face ...

    Talking about aalking out of work places might make one feel good and 'in control'. Reality is, you are only jeopardizing your job, career and goodwill. An illegal who is fired can 'melt away' and find another job. Are you willing to risk it all and leave the country? For one day of protest, in a form and manner that befits a 20th century mentality?

    If we have to make ourselves heard with RESPECT and RECOGNITION, our actions must merit these values. We cannot bleed by a hundred cuts and expect to find what we need.

    Let us get non emotional about this, collect DATA and present it OBJECTIVELY through repeated messaging. Positioning, timing and delivery is key.

    Walking out of work on Oct 24 is NOT the answer, IMHO.

    Obviously,



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  • smuggymba
    01-17 03:31 PM
    My cousin took a offer from a employer in CA few months ago who did her H1 transfer but the condition mentioned in the agreement is that

    In the event the employee voluntarily resigns or her employment is terminated for performance or cause prior to 4 years, employee agrees to reimburse the "Employer" for the full amount of legal, administrative and filing fees associated with the sponsorship of the employee's work visas as permitted by law.

    The employer won't do premium processing so my cousin paid $1000 on her own but she had to travel outside the country to canada to get a new I-94. The employer's law firm filed the paper work with canada embassy in US to get a canadian visa.

    Now my cousin got her GC through her hubby which her employer does not know. She is debating if she needs to inform her manager and company as they might ask her to sign any agreement or give back H1 fees.

    The employment laws in CA are different so how can she move (if moves within 4 yrs) to another company without paying anything or a little fee to the employer. I told her that H1-B fees are not too high maybe around $4000.00 so the employer will have to spend lot of money on the lawyer's to go to court to suit her if she left say after 2 years of employment as she feels that the agreement is one sided considering the time line.


    Tell the employer that the "cousin" is pregnant and needs 4 months off. If the employer offers short term/pregnancy pay, he will be glad to process the resignation....or tell the employer ur moving to india etc.




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  • raj1998
    04-13 09:58 AM
    You can take any position anywhere with anyone...H1B is only if you want to work in the US

    You dont have to be physically present in US. One can join a company in US on H1 and work any where else through that employer




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  • h1bemployee
    02-26 10:41 AM
    When was your H1-B amendment denied?
    What is your current LCA salary vs. original LCA Salary?

    10 days back My employer called me and asked provide some more documents , so that they can appeal to USCIS....

    I was working on getting those documents, I was in constant touch with my employer...

    two days back , he suddenly called me and said that as amandment is denied I have to leave US with in next two weeks and they don't want to appeal against the RFE denyl




    Widget
    04-18 03:28 PM
    Yesterday, there was a problem with the uscis web site. I tried to use the web site several times. Did you try to use the web site yesterday? or before?

    I received a receipt confirmation for my I-140 petition. It shows that they received on March 24, 2006. I tried to check on the status on USCIS website in case status. I could not find my case so far. Does it take so long to be updated. I am worried if my petition is misplaced somewhere...
    Please give me your advice.




    gjoe
    10-05 10:59 AM
    This is what the law says:

    INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed.

    What is your argument to sue?

    How can someone with EB3 with a later PD get GC before me? If he has been approved there should be valid reason why mine is not approved, the reason should be something other than USCIS ineffeciency.



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