السبت، 25 يونيو 2011

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  • s416504
    03-07 01:52 PM
    My friend went to Boston Airport ->Immigration/custom Office next day for correction. His father came on B1 visa but they put wrong month on I-94. That office corrected that immediatly. There must be something at every international airport.




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  • conchshell
    07-30 01:29 PM
    I got a reply from our corporate attorney that "We did file both of your applications together. However, each application is adjudicated separately. We anticipate her approval shortly."




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  • Since1997
    07-20 01:08 PM
    From the website http://www.immigration-law.com/Canada.html we can see that there are only 140000 GCs ...
    1. Year Cap: 140000 (for EB)
    2. India Limit: 7% = 9800 ONLY
    3 Now imagine how many years it will take to cover up the number like 750000.
    ==========================
    Originally Posted by andy garcia
    Last year the top 5 countries in EB got all these visas:

    Total EB ****** 159,081
    Philippines ***** 23,733
    India ********* 17,169
    Korea ******** 10,886
    China ******** 9,484
    Mexico ****** 8,864

    The actual limit is 7% of the total EB plus FB which is:
    (140,000 + 226,000) * .07 = 25,620
    ==============================




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  • sri1234
    02-09 04:52 PM
    THIS PROCESS IS CALLED DEFERRED INSPECTION - no need to go out of the country

    In the below link find the site/airport closest to your current address.

    http://www.cbp.gov/xp/cgov/toolbox/c...ed_inspection/

    Call up the phone number in the link and fix an appointment.
    Go with Old Passport, new passport and all visa documents and I -94

    Explain the situation to the officer and he/she should be able to rectify at the time of appointment.
    Officer will put the new date on the existing I -94 and update the system and on the card itself. No new I - 94 will be issued.

    Thanks,
    Krishna
    Yes, Krishna_brc is correct. A friend of mine got his I-94 issue fixed by following the above process.

    Sri



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  • H1bslave
    06-27 02:28 PM
    You should be perfectly fine as your joining date is 11/27. The first payday could take more than 30 days in many organizations and its a common practice.


    For USCIS: It is perfectly fine argument that your first pay day falls in 2008 because of account/payroll setup.

    For IRS: Their calculation starts when employer issues a pay check (pay day) with in same month they need to receive their (cut) taxes reagardless of what was the pay period.

    I run payroll for my company and can provide insight, PM me if you have more questions.

    Take it easy & Enjoy your weekend :D




    I started work on 11/27 and that has been reported as the official start date. We will be talking to the lawyers next week to clarify all these issues. To my knowledge, I should not get a W2 as I did not get paid in 2007. Those wages should appear on my 2008 W2.

    Outside of this topic, I have a question. Will I be eligible for the economic stimulus for 2007 if I did not get my W2 ? My husband will be filing the tax return (as joint) but he will not be able to enter my W2 information.

    Thanks.




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  • desi3933
    12-07 04:58 PM
    .....
    55 lakhs is too high for a person who has only 6 years of US experience.


    Not really .... My brother worked in India for 3 years and worked here in US for 5 years before moving back to India and he is earning good too.

    Salary for any job depends on lot of factors. How one negotiates is a key factor.


    _________________
    Not a legal advice.



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  • nlalchandani
    10-25 02:36 PM
    Thanks canmt.

    By the way, for the G-28, it doesn't have to be an attorney right? So, I can get somebody else that I trust to sign them to be my representative. Will this work? If I were to put my own name to be my own representative, is that going to flag them?

    Do you know how much is it to get an attorney to sign the G-28 form? My PD is 3 years away, so I am pretty sure that the attorney won't have to do anything for quite a while (except for signing the form of course). If there are no RFE, the attorney possibly would not need to do anything at all.

    I agree with you....You should be able to file the G28 form to get someone else to be yr representative 2 or 4
    2. I am an accredited representative of the following named religious, charitable, social service, or similar organization established in the
    United States and which is so recognized by the Board:
    4. 4. Others (Explain Fully.)

    4 should work...

    Question is has someone done this before? Will send you a PM..




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  • kondur_007
    03-25 08:31 PM
    Got some answers for you (they are in red below).

    good luck.

    My case details below:
    EB3 INDIA
    PD of Jul 2004.
    I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
    My employer had mentioned a salary of 87,000$ in my labor.
    My 485 was filed way back in Sep 2004.
    My 140 was approved way back in Nov 2004.
    I have had 2 FPs done and 1 RFE replied to about 2 years ago. RFE was for EVL & TB Skin test.

    2004 W2 � shows 74,000$/yr (Less than the salary mentioned in approved labor which is 87,000$)
    2005 W2 � shows 57,000$/yr
    2006 W2 � shows 50,000$/yr
    2007 W2 � shows 58,000$/yr
    2008 W2 � shows 67,000$/yr

    Never changed employers nor job titles.

    My concerns and questions below:

    Q1) Will my 485 approval be affected due to the W2�s as mentioned above showing less way less salary than mentioned in the labor. I still work for same employer with same job duties/title as mentioned in labor.

    This may generate an RFE. There is a question on I 140 that asks "is the beneficiary currently employed at the proposed job?" and if that was marked "yes" in original I 140 petetion, USCIS can raise the question about the salary.

    Q2) Am I safe because GC is intended for future job offer? If there is any issue with me getting less salary all these years than my labor petition then can my employer say the 87,000$/yr salary is after 485 approval? Will this suffice? Or am I in jeopardy here?

    Depends on what I answered for Q1: if that question was asnwered "yes", USCIS can ask the employer abou the explanation.

    Q3) With my EB3-India Jul 2004 PD how much more long do you think I need to wait to see a 485 approval? My FBI name checks are cleared.

    Sorry boss....Can't answer this! God only knows. Or may be even God does not know!!

    Q4) With June 2004 PD/EB3 India do you advise me at this stage after 5 years to switch to CP?
    I do not see advantage of doint it. Also you will loose benefits of EAD and AP (in case you change employer or run out of H visa). I personally would not recommend it but there can be a difference of opinion.

    Q5) Would you advise me to start a brand new EB2 India labor and 140 considering my retrogressed eb3 India category and dates?

    That may not be a bad idea. Especially if you can do with a different employer, there is no disadvantage of doing it and it may eventually bring your GC earlier. EB3 India (at current pace) is going no where till all EB2 are current and EB3 row is current and overflows.

    Q6) I have been on bench for about 3 times (periods of 2 to 3 months) in the last several years witout pay. But I have always had EAD but never used EAD as I had H1B from same GC sponsoring employer. But I always got paid every year more than the prevailing LCA wage for my geographical location? Will this affect my GC?

    This is the most complicated question. as such, you were out of status (if you are on H1 and on bench) during the bench period. If you ware on EAD (not on H1), you were absolutely fine. Also it will depend on whether it was after the filing of 485 or before. total duration of out of status (less or more than 180 days for 245(k) protection) etc. On this issue, I would highly recommend to ask a competent lawyer and straighten it up.


    Thanks.



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  • nayekal
    02-21 01:13 PM
    Simple thing, when she doesn't have a job why would you get her an H1B , which any other well qualified candidate would have got. Because of the people like you all the legal immigrants are the targets of the accusation of "stealing our jobs".
    People like you and these cheap desi companies, are a shame on the face of all the hardworking legal immigrants here. I think the same thing was asked by someone on someother post as well and was badly critized.

    Dude, you think a person with 3 years of working exp in IT after completing masters is not qualified?
    How can some one gives you a job offer to join them in October by sponsoring H1 in April. You don't apply for H1 during April of any year, then you will never be able to get a job.
    I am sure you will find many (most of them are) consultants from so called cheap desi companies are technically smarter and have lots of exp as well. May be those companies are cheap, but people are not.
    Before you come to forums and release your frustration, go and tell your friends and colleagues about your opinions. I bet, most of them will stop talking to you.




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  • Jaime
    07-26 03:36 PM
    Anyone know?



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  • katrina
    01-04 03:34 PM
    koppula09 please read the statement from below link.

    http://www.lbl.gov/LBL-Work/HR/irss/FormI539.html

    Contact your lawyer ask what they request when they fill the Form I539. If the request your wife h4 extension she should be OK but if they request to change your wife H4 status to H1b I don't think they made a good decision, you should find another lawyer :eek:

    get a second opinion of what to do. My suggestion your wife should apply for her H1b ASAP (premium processing). I believe it possible for her company to apply her H1b but again find a good Lawyer ASAP.

    remember not all lawyer is a good immigrant lawyer. Even a good immigrant lawyer could make a mistake too. It's your life you can't rely to anybody.
    so act quickly to find out how to get out from this problem before too late.

    Good luck. :o




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  • smuggymba
    05-19 01:47 PM
    In india we celebrate the bharat pravasi diwas (NRI Day) and PM is in attendance. Remittance to India is a big boost to the economy.

    PM should give a hint to Obama on EB issues but I don't expect PM to help me get my GC. Bharat Pravasi diwas is a good way to initiate this dialogue within the NRI community.



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  • desi485
    03-24 03:12 PM
    Dear VB,

    I have noticed that you are creating new threads just for the heck of it. If you really have an issue that warrants a separate thread and discussion, please go ahead and do it. Please do not abuse the forum. Use your discretion wisely and stop creating threads that depict frustration.

    list of some of the threads created by "vinabath" - how many do you see meaningful???

    Thread / Thread Starter Last Post Replies Views Forum

    No more LC substitution, No more delays in 140. What a relief
    vinabath Today 02:55 PM

    what would you do if you get GC tomorrow? ( 1 2 3 4 )
    vinabath Today 02:37 PM

    What does the dots in my profile mean?
    vinabath Today 02:00 PM

    Tips to get your GC in a YEAR ( 1 2 3 4 )
    vinabath Yesterday 03:38 AM

    by vinabath 0 445 Retrogression, priority dates and Visa bulletins
    Poll: How many will be happy if..... ( 1 2 )

    by vinabath To All Newbies who are just starting out your career
    vinabath

    by vinabath 45 4,405 Retrogression, priority dates and Visa bulletins
    BIG JOKE on us by USCIS. Story of the Century.

    vinabath 07-02-2007 04:00 PM
    by vinabath 14 1,037 Retrogression, priority dates and Visa bulletins
    Medical Report Delayed by Six months

    vinabath 06-15-2007 01:38 PM
    by franklin 8 653 Medical exams and related issues
    Y1 Visa - Lets make USA as Dubai

    vinabath 05-18-2007 10:44 AM
    by vinabath 0 468 Retrogression, priority dates and Visa bulletins
    EB2 India - Feb 23 2003. Is it possible this year??




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  • dealsnet
    11-05 10:49 AM
    Your I-485 filing without the dependants is unfortunate. This senario, you need to be in H1 all the time till your PD is current and they are eligible to apply for I-485. Means you can't work on EAD, it will cancel your H1. Always on H1, otherwisw dependents will be out of status. (BECAUSE THEY ARE NOT IN AOS- your case)


    Situation - During the month of July, I filed my 485 when all categories were current. Got my receipt too. Missed wife's application because her papers were not ready. Now priority dates have retrogressed again.

    Saving grace - Our H1/H4 are in order with many long years left on them.

    Question - Can I file my wife 485 now as a dependent, even though "my" PD is not current yet. The core point is that, does the concept of PD applies to the dependent 485 applications too?



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  • GCBy3000
    02-07 09:54 AM
    You are not married to your job if you are in H1. This is my whole point to be in H1. I MAY BE WRONG.

    If you are in H1 and having a PD of xxx date and if you decide to switch to another company by transferring your H1 into different position, you can still carry your PD with you for the new position eventhough it is totally different position. This is my understanding. If this is true, you can go up the ladder ifyou are in h1. If you invoke EAD and use 485, you cannot do this.

    Only other way to do this when you are in EAD is to switch back to H1. Again, you should have left some time in your original 6 years of H1 to do this.

    It is purely upto you to decide what do u want. If u r planning to stick with the same company that has your H1B, then no need to pursue EAD option. But if you are planning to get out of your current company and pursue different opportunity, then you can use ur EAD.

    No matter what the status(H1B or EAD) you are in, you need to be employed in the same position or a similar position as in your Labor Certification. If your Labor Certification says you are a Programmer you cant be a Project Mgr in EAD. Till you get your GC, you are compulsorily married to your profession and title.




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  • JeffDG
    01-31 02:00 PM
    Don't worry about the text of the bill, it's purely a placeholder for something to be introduced as an amendment later.

    The text of the bill has two section: Sec 1: Title, Sec 2: Sense of the Senate, neither of which carry any force of law.



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  • shantanup
    05-28 01:12 PM
    Go and talk to your local congressman about your situation. Ask him / her to do something to solve this problem. You have a genuine case. He / she has to respond.




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  • austingc
    12-24 10:25 PM
    Please advise urgently.

    Say today my I-140 is denied.
    Current H1B is getting renewals due to labor pending for more than 1 year, so getting 1 year renewals.
    Now I-140 is denied.
    Lawyer is opening an MTR.
    We dont know when the decision will come. May be positive, may be negative.

    1.What happens to my current H1B which is due for renewal in Mar 2011. Can I continue to work, while MTR is pending.
    2. Can I get extensions while MTR is pending.
    3. If I get extension based on pending MTR, What happens to extended H1B if MTR says I-140 denied.

    Sorry to hear about your I-140 denial. Can you tell us why it was denied?

    1.Nothing will happen to your H1B, you can continue to work once you get your H1B extension is approved.
    2. yes. You can get 1 year extension in March based on your pending MTR. It's a good thing your attorney filed an MTR.
    3. If your 140 MTR is denied after your H1B extension is approved then you can work until your H1B expiration date. Make sure you file another labor immediately while the MRT is pending. So in case if your MRT is denied then at least you have a back up.




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  • LC2002
    01-02 12:16 PM
    Guys,

    I am seeing in CRIS, Soft LUD's on old H1B extentions dated 12/30/07 (2006,2007) while none recent one on 140/485!

    Any ideas to help me understand. My 140/485 were filed in July 2007 concurrently. FP/EAD/AP were done.




    bigtiger
    06-30 05:33 PM
    Hi All,

    By reading the AILF pdf:

    http://www.murthy.com/current485/VisaBulletinFAQ6-29-07.pdf

    I get this impression that they primarily mean the "Other Worker" category AOS rejections done in June 2007...I don't know what rules govern that category, but rejections did happen despite visa bulletin indicating current status for that category and AILF is considering this lawsuit. Now they are assuming that this might happen for EB2, EB-3 categories also. Plus we have this $4.4 billion CIR failure theory. There is no document date mentioned in this doc. So, I don't know how AILF is so confident that this will happen for EB2, EB-3 categories, for the rejections of applications has not even happened yet.




    sportsguy131
    07-31 02:34 PM
    hey thx a lot for the info....but can she work in those 180 days?



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