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  • optimystic
    03-31 04:13 PM
    This isn't correct Ronnie. Your non-immigrant status does determine whether you are a Resident alien or a non-resident alien for tax purposes.
    Classic example is that while you are on F1 /OPT you don't have to pay social security and medicare.

    I am taking a guess that what Ronnie meant to say was that, Tax filing (whether or not you file jointly) has no implications on your immigration process... which is true.

    If you filed 'married filing separately' does not mean that you dont want to support your spouse anymore as a derivative of your I-485 !




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  • amoljak
    05-21 09:04 AM
    b. Do not make photocopies of official US Documents. Its a violation. The official will understand why you made a copy, but ITS A VIOLATION. On that note, please do make a photocopy.

    Yes it is a violation. But guess what, USCIS asked me to send color copies of all the pages of my passport, approval notices and I-94 in one RFE. I spent a while trying to convince the law-abiding staples clerk that "the government" asked me to make copies. She kept pointing me to a document that clearly stated that it was illegal and they were told not to do it. Finally she agreed to look the other way, while I made copies in a self service copier.




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  • popoye
    01-15 01:40 AM
    video.google.com/videoplay?docid=2117058646892668334: Charlie Rose's Panel




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  • mysticblue
    08-17 02:49 AM
    You can start working for Employer C as and when you have the receipt notice for C's transfer. Just make sure, you file for transfer before termination. You have all the documents that is required for H1 transfer, dont worry about it.

    Thank you so much. Your advice is highly appreciated.



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  • aadimanav
    06-22 12:25 AM
    Source:
    The Oh Law Firm (http://www.immigration-law.com/)

    06/21/2009: CIR and What's Ahead

    On Friday, Obama Press Secretary Robert Gibbs officially announced that the President was scheduled to call a small group of Congressional leaders and political leaders to the White House to open a dialogue on CIR next Thursday, 06/25/2009. Troublesome was another statement that recognizes the facts by the Press Secretary at the same press conference that the Congress did not have enough numbers to pass a CIR legislation. As we reported earlier, for a CIR to pass the Congress, it should pass both the Senate and the House. However, it is the House that lacks enough numbers at this time to pass a CIR legislation this year. There are a plenty of House legislators who represent districts that are politically not affected by the Hispanic population and their political pressures. These legislators usually form a group of Democratic represenstives who are either conservative and middle of the road in the political ideology. The situation tends to be different when it comes to the Senate that is consisted of legislators based on their statewide consistuencies as opposed to the House representatives that represent small neighborhood and district constituencies. The Senators' decisions are thus derived more from broader national political or statewide political issues and interests of the whole party. For this reasons, for the past several years, the Senate initiated and was able to pass CIR bills which have ended up in the ditch when it moved to the House floor. The background behind the Press Secretary's announcement downplaying the potential success of CIR within this year is their motivation to control unrealistic rise of expectation in the CIR supporting community on the President's initiatives that can also end up in another ditch with potential negative political fall-outs to his political leadership. The current politcal landscape and environment then raise two questions. The first question is whether the President and the Democratic Congress will have enough energy and zeal to successfuly change the existing political landscape, particularly in the House of Representatives, within such a limited time within this year. The Congress will soon go into the Summer recess and the remaining legislative days in the Congressional calendar for 2009 are very limited. The second question is why then Senate Majority leader, Sen. Harry Reid, has been spinning in media on his agenda to take up a CIR bill this fall with the full realization of political reality that can be ditched again in the House. It appears that part of such spinning is related to his own political future. His seat in the Senate will be up for reelection in the national mid-term election in 2010 and he needs a strong support from the Hispanic constituency in the State of Nevada. The Hispanic population has been rapidly growing durng the past several years in the State of Nevada. His push for a CIR will achieve his political calculation, no matter whether the bill will pass or fail in the Senate. Again, the chance for a CIR passing the Senate in 2009 is indeed very good as the chance for Senate Democrats pulling together 60 votes may turn realistic, particularly as affected by the final result of the current Senate election dispute in the State of Minnesota. In the very near future, the Minnesota Supreme Court is likely to hand down a decision sustaining the election of Mr. Al Franken, a progressive Democrat, as the next Senator, over the conservative former(?) Senator Norm Coleman. For the discussion per se, let's assume that the CIR fails to pass either in the Senate or in the House. The Senator Harry Reid will still get all the credits in his Hispanic constituency in the State of Nevada for his initiatives in the Senate to legislate a CIR!

    All in all, year 2009 will turn out to be the only year that can pass a CIR because this is a so-called leap-year when there is no national reelection and the House members will be less affected by their activities this year. The key is whether the President Obama will have enough energy, steam, and polical motive to make a full-court pressing and arm-twisting of the conservative Democratic members in the House within a "very" short period of time, within this Summer or early fall at the latest. Currently, his and Democrats' top two reform agenda stay with the nation's health care and energy reforms. Until we see such full dedication and commitment of the President to the CIR within a given time, one should not raise the level of his/her hope or expectation too high as it will indeed bring out really devastating frustration and hopelessness in 2010 in that considering the November 2010 mid-year election, the chance for CIR next year will turn out to be very slim because of the rerunnng Democrats in the election from small districts that are not affected by the Hispanic political pressures. Until we see such solid momentum and heat of passion on the part of the President leading to quick actions in the near future, all the media campaign and spinning of news by the White House and the Senator Reid may have to be taken with caution and discount.




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  • gc_maine2
    05-18 11:35 AM
    Initially I could'nt open it (page not found) but It worked now.. Thanks Admin .
    Kudos to all the people who attended and caught the media attention.

    I checked it on IE and Firefox and it is working. Is everyone having this issue?



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  • baladev
    05-04 09:58 AM
    Here is the link for sending email to senators

    http://senate.gov/general/contact_information/senators_cfm.cfm


    Dev




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  • Jayr
    07-05 02:28 PM
    I think the reasons may be a little more subtle than mean spiritedness and malice. Makes me wonder how performance is evaluated at the USCIS. If their evaluation system is such that a large number of applicants in backlog looks tacky on their report card, then that's incentive enough for them to not want a deluge of applicants.

    by now everybody might have heard stories about how USCIS pulled staff and worked overtime and weekends to utilize the 60k visas in one month to prevent the july 485 filings.

    What I am wondering is why did they do it. One obvious reason is the incresed fee comming into effect from July 30 2007. In addition to it what are the other reasons.

    Is there any agenda within USCIS to prevent people from getting EAD and ac21 benefits?
    Is USCIS filled with anti immgrant mentality who have takem upon themselves to make our lives difficult?



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  • calboy78
    11-10 01:55 PM
    Hi friends,
    My brother in NJ got his new passport at NY Indian consulate (since old one was expiring soon). They gave new passport which was valid for only one year - saying that they need valid unexpired visa-stamp to give 10 year validity passport.
    They said that they will NOT accept
    - valid unexpired EAD
    - valid unexpired AP
    - valid 485 receipt
    - even valid unexpired H1 approval notice (my brother still has H1 in addition to AP)
    ...Now it is so absurd that, even if my bro went for visa stamping (which he isn't planning), he will not probably be issued 3 yr visa as passport is valid for very short duration. A chicken and egg problem.
    In addition why do Indian consulate worry about our visa status for determining passport validity duration ? If they do care then at least they must accept the legal documents (ead/ap/485 receipt/h1 approval notice) to make a decision.

    I will appreciate if anyone has a solution to this problem. All answers appreciated.

    I am so sad (and mad) that lawmakers of our country are still haunting us while we are away from our country and trying to contribute to its progress.




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  • nozerd
    03-25 07:59 PM
    Awesome airline. I would pay $ 100 premium over other airlines to travel via Emirates. Excellent food and service. Cool stewerdesses too.



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  • legal_la
    06-25 03:39 PM
    Guys,


    here's my thoughts on this; If her h1 gets stamped she doesn't need AP. however if H1 gets rejected for some reason, in that case she can stay back in India until I recieve the AP documents. I send it to her then she can travel back on AP. ??

    Any Suggestions or gyan on this !!!

    -shree

    I dont think you will be able to do this, I am not sure but I think one should be present in US at the time of AP approval only then they can use that Advance parole to leave and re enter.

    May be converting back to H4 and attend for visa as dependent is an option. Ask your lawyer.




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  • otovarm@hotmail.com
    03-03 12:29 PM
    Hi everyone, I am seeking some help:

    -My wife's Labor Certification was approved on Oct-09-2006
    -Priority Date: April-30-2001

    We did stay on H1B (wife) and H4 (me) in the US for about 9 years total, we did extend the H1B year by year once the initial 6year period ended (labor was still pending). We left the US on Dec-27-2007 and have been outside the US since. Now we have our new 5year Turist Visa B1/B2.

    1st Question:

    Can we still apply for next steps towards the GC based on that approved labor cert, even though more than 2 years have passed since it was approved? (I believe next steps are I-140 and 485, right?

    If answer is YES, can we go premium processing?


    IMPORTANT: One of the partners in the company which filed the labor for her did die about 3 years ago. It seems like a new partner came in but still one of the original partners and the one who was my wife's boss when she was working for the company is still there. We are a little concerned because when we first approached the guy at the company about 2 years ago (when we got the LC approval notice) he told us that they had to restructure the company because of the other partner's death and they decided to change the company's name (slightly) and start all over again. At that time he told us that original company didn't have strong balance sheets, bank balances or tax docs to support the I-140 and that he wasn't sure if the new partner would agreed to sign the petition. He told us to wait 1-2 years and see if he could do it.

    When we got that response we decided to leave the country (didn't have other option) and stay outside the country for at least a year to have the option to come again thru H1B with another company. (We also had twin boys - americans - and it has helped us to be in our home country while they were small babies).

    Now we want to return to the US but we would like to know if we still have a chance to apply for the I-140 with that company. Anybody has any insights about this? Does it matter that the company changed its original name, even though the person who signed the LC petition would be the same person who signs the I-140 petition?

    In the worst case scenario that this guy won't help us signing the I-140, can we apply thru another company under the original approved LC? I guess that if it is possible, then it should be thru a company under similar industry, or located in same region and Job description should match the one in the LC.

    Thanks for taking the time to read this and any insights would be greatly appreciated.



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  • sparky_jones
    10-10 04:14 PM
    No...if your current EAD expires and the new one hasn't arrived, you must stop working. it does not matter if you've applied for renewal and its pending. EAD does not work like H1B extension, where a 240 day period of automatic eligibility to continue working is available upon filing extension.

    Is it possible to keep working Even u don't have EAD renewed ,but u have Reciept notice with u.. I mean eventually approval will come.




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  • texcan
    07-29 10:48 PM
    I have a unique problem with possibly getting a green card too early. Please let me know how I can make this situation better. My priority date in EB2 India is in Jan 2006, which means potentially I could get my green card in 2-3 months.

    I plan to get engaged in December 2008 and married in December 2009 to an Indian born Australian citizen. As far as I can see, her chargeability would be from India.

    What are my options to make my life easier and to be able to successfully bring my future wife to the US the easiest possible way. So far, I have 2 options:

    1. Use the special E3 work visa for Australian citizens.
    2. If I dont get my GC within the next few months, do an early court marriage and invoke the following-to-join spouse when she is ready to come to the US.

    well ...if the option is between "difficult spouse"/"GC " why bother with either....I thought of something else when i saw the title. pls donot mind...

    On serious note, Since your spouse is australian citizen you can easily use E3 visa ( its very simple) or better yet just go ahead and marry her in court right away, register marriage and have the big gala family ....marriage event later.
    My 2 cents...take it easy and make it simple. Its a happy occasion donot waste time on immigration issue in next few months, enjoy the courtship time...immigration will fall in place and even if not ...life matters.



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  • eb3_nepa
    11-05 11:27 PM
    The following are not counted against H1b caps as far as i know, the list may not be complete:

    existing visa-transfer jobs

    employees of not for profit entities

    University employees

    J-1 doctors starting an underserved area job

    So then only these four categories count as "Non Cap H1Bs"?

    Can anyone shed more light on any other categories that qualify as non cap?

    Thanks




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  • puja101
    07-11 01:24 PM
    I received RFE today that says" your application contained form I-693 in which the required TB skin test was not conducted. Please note there may be conflicting information on some published form I-693 instructions regarding when the chest X ray Report should be performed. It is required only when the TB skin test indicates a reaction equal to greater than 5 mm, or when the reason for why the TB skin test is medically inappropriate to perform has been annotated on theform I-693. Please submit a newly completed form I-693 indicating the results of the required skin test.

    On Form I-485 Part3 C list present and past membership in or affliation with every organization, fund.......If none, write "NONE" or include name of organization.....Provide your answer on the photocopy of FormI-485 (enclosed) with your signiture and the date next to your answer"

    I did TB skin test in 2007 that came negative and it appears to me, civil surgeon did not updated results on I-693 form. Today, I got sealed envelop from doctor and she has updated TB test results conducted in 2007 on new I-693 form. Is that ok or I need to do new TB skin test? Please let me know.

    On checking copy of original I-485, I had answered Part3 C with "NON" instead of "NONE".I have few questions on this:

    1.Visa Office did not enclose photo copy of Form I-485 as was stated in the RFE letter.Should I send photo copy of original I-485 with correction and signiture on it?

    2. Do I need to send them only this page of Form I-485 or complete I-485 form?
    Please help.



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  • chanduv23
    03-06 01:08 PM
    I will do that first thing Monday. Thanks for the initiative Pappu




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  • genscn
    07-30 03:42 PM
    How long after I-485 submittal we get FP notice?

    Within 4-10 days, after the USCIS sent the FP notice. :mad:




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  • kaisersose
    07-16 11:52 AM
    That does not make sense! Peaople on H4 are not allowed to work, period! Thats how the Visa category is defined. Now, how will one on H4 to work? Enter EAD! So, while EAD allows him/her to work, it changes the Visa status (be it H1 or H4) to AOS. It does not matter if you travel outside or not.
    I do not know how you extended your spouse's H4 with the help of the attorney. It is an error on USCIS part, may be because you (or your spouse's employer) have not notified the USCIS about your spouse using the EAD for employment.

    AOS is adjustment of status that starts when you apply for your 485. It is has nothing to do with using or not using EADs.

    AOS obviously is independent of H status. A H-1 can choose to continue to use the H status after 485 as the two can coexist.

    Like I said earlier, using EAD does not change the status.




    ssss
    01-10 06:43 PM
    My husband's case was transferred from CSC to TSC. We haven't received the FP notice yet. USCIS status "The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now pending standard processing at a USCIS office". when we called customer service cust service rep informed that we need to wait 180 days after the transfer for FP




    wandmaker
    12-07 11:19 PM
    I applied I-485 and have recieved EAD in Sept, 2007. Now early next year (i.e. Jan/Feb 2008) I plan to go out of US for a year to complete an academic course. During that time, I would have to renew my EAD so that I can get back and start working. Anyone who has some experience or knowledge how this can be done from outside US... or is there a process to follow before I leave.

    Also I am told that I might receive another finger printing request duirng the same time I am out of this country, any idea !!

    (1) You can renew your EAD while you are outside the country (2) you should come back before your AP expires or get back with the valid visa (3) if you e-file your EAD you will get a finger printing notice, you will have to goto ASC to give your picture. Paperfiling does not trigger EAD unless your FP expires, which is usally 15 months from your last FP.



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