Friday, June 24, 2011

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  • conchshell
    07-30 12:39 PM
    I know that in these situations patience is virtue, but somehow in last couple of weeks my stress level is going really high. I am heavily suffering from COLTS, and these type of events just freak me out!!




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  • friend99
    10-09 04:17 PM
    Hi,
    I called up and spoke to the IO and asked him about the rejection of I-485 due to old fees and he defended that the application would be rejected without the new fee, I tried to explain him about the July bulletin 107 and that people who were on employment based category and whose dates were current should have used only the OLD FEES till August 17th, he did not agree about it and I did not force the issue!

    If the IO officers don't agree about the right facts how would the people who just check the fee! I am sure that is why my application was rejected!

    I am not sure what to do! Can somebody suggest anything!

    How to let those people know that when we applied in August there was a bulletin which said that we can apply with old fee!




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  • insbaby
    09-22 10:15 AM
    I was in a consulting field with employer taking 30% and me getting 70%.

    He supposed to deduct $400 for medical insurance from my paycheck -biweekly, instead deduction was only $200. I never knew that.

    My question is why not he acted immediately after knowing the error?
    Why should I pay for somebody's mistake?


    Things getting more critcal, since this is on your medical insurance. In small companies employer takes responsibility for employee only not for his family. You sign papers for your family if you want to go with the employer so you agree to pay $SSS towards the insurance, also you agree that it would be taken from your pay every month or every two weeks.

    If they did not dedect the right amount, it may not be his responsibility, of course it is a account management mistake happens everywhere in small companies, sometimes insurance companies do this and collect from you after that.

    If the amount he paid extra is in your SALARY PART, then your arguments are correct. It is his responsibility to make sure how much he should pay you.

    You have to check with experts, whether this additional benefits are employer's responsibility.

    As one suggested above, if your salary is almost equval or less than the amount, you can think of just leave it.

    All you are missing is just two pay checks (1 month), it won't make much difference in your H1 transfer, assuming you have applied your H1 transfer earlier and you have already sent your pay checks to prove your employment.

    Just go with a decision that benefits you without much trouble.




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  • Desertfox
    10-30 08:51 PM
    My lawyer confirmed that we can apply for renewal 6 months prior to expiration date.



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  • apb
    09-11 02:47 PM
    I also know one more with PD dec/03 and waiting




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  • dextro_a
    02-05 02:24 PM
    you have to give the H1 qualifying exam (I think Step 3), then you have to apply for Residency in universities. They all call you for personal interview, and the results are announced in mid march. Once you are selected, they'll process H1 for you. If you do not have step 3 cleared, then they'll process J1 visa for you. Most of these universities come under non-profit so, H1 quota is not a issue for them.



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  • dcrtrv27
    11-13 02:56 PM
    Is tehre is any way for PREMIUM PROCESSING for I485 pending case?
    In my case PD is current since years the I140 is approved. Backbround check etc is over. Confirmed by various sources that my case JUST needs to be picked up by IO.
    I have somebusiness trips coming up. My employer want me to find out the way to get the GC faster that way there wont be any hassle for every year renewal od AP and also EADs. and then appplying VISAs which will expire along with teh AP last date.

    Along with me my employer is also fed up now:p.
    Our lawyer being stupid; the employer wants me to find out the way to expedite I485. Since it is in last stages I think theer could be quicker way.

    I know there is the way WOM but is there any other way?:rolleyes:




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  • sapota
    10-15 02:19 PM
    I am actually amazingly surprised by the phone customer service that USCIS is offering now (I remember having to dial INS phone customer numbers only to get constant engaged tones). Talking to a customer service rep will give you up to date status of your case (online status is not most updated).



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  • xbohdpukc
    09-25 11:59 AM
    The Immigration Nationality Act does not say specifically that h4 time is added towards h1 time. It is the way laws interpreted by uscis that states h4 time counted towards H1. USCIS can change their interpretation by merely issuing a memo.

    http://immigrationvoice.org/forum/showthread.php?t=454&page=3

    see this thread.
    Maybe it is a good idea to contact the Ombudsman about this issue.

    I'm not a lawyer, but my assumption would be that this is cannot be changed by an USCIS memo. Why? Because H4 is simply a derivative status which means that it obeys all the rules pertinent to the primary beneficiary's status plus additional restrictions imposed to the particular classification by law. H status is restricted to 6 year continuous presence in the US.
    It would be helpful to find the definition of a derivative status; INA does not provide such definition, but I'm sure they wouldn't be using these words loosely without a proper definition.
    So my guess would be is that the answer to the question of "decoupling" H4 and H1b time will boil down to the answer to another question: what really defines a derivative status.




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  • Dipika
    12-23 12:18 PM
    Thanks looivy for the details of your exp.
    We would like to know when did you go to Nogales for H1 stamping?

    My Husband had H1B visa stamped from India in 2002 . Then we changed to H4 in 2003, then changed to H1 in 2004 and again changed to H4 in 2005. since then he is on H4 staus.

    i have H1B visa, but my husband doesn't have H4 visa stamp in passport. (He had only H1B visa - expired in passport, when first time came from INDIA). He has H4 approval. He used AP in 2007 to visit india.

    IS my husband eligible to go to Nogales for H4 stamping?

    I flew to Phoenix and then drove to Nogales. Stayed at Best Western run by Manu Naik (very helpful guy). Took a taxi from hotel to border ($6), crossed the border into Mexico. The guy at Mexico checked my bags for any contraband. Cleared me (Did not ask for Mexico visa). Took another taxi from border to consulate ($8). There is a guy outside the consulate in a trailer who sells food with whom you can leave electronics (cell phone etc) for $3 tip.

    At the consulate the lady checked for appointment letter and then okayed it. Went through security and then was given a number after presenting the visa fee receipt, DS-160 confirmation letter and original I-797 H1B approval notice. They finger printed me and then I had my interview. The interviwer was a tough guy. He asked me questions regarding my employment and for the bold items below. Make sure that you go as much prepared as possible (Notarize documents if possible). He complemented me on being well prepared and well documented :). I told him, Anything to make your life easy.

    1. Passports (old and new)
    2. The original Notice of Action (Form I-797).
    3. Employment Contract
    4. Labor certification (LCA)
    5. The entire approved petition (I-129)
    6. Original letters verifying your employment history and specific work skills.
    7. Original degree certificates along with mark sheets.
    8. Relevant diplomas or certificates, e.g. computer certification.
    9. Visa fee receipt Banamex (Manu Naik makes it for you or you can try mexicoassistance dot com or something like that - both do it for a commission)
    10. Employment letter from current employer
    11. DS-160
    12. DS-160 confirmation letter with barcode
    13. DS-156 (just in case). They are all shifting to DS-160 slowly. Nogales did not need it but I still took it with me.
    14. DS-157 (just in case). They are all shifting to DS-160 slowly. Nogales did not need it but I still took it with me.
    15. Payslips
    16. All previous I-797s
    17. Original AP (For your own backup if applicable)
    18. Original EAD (For your own backup if applicable)
    19. I-485 Notice of action
    20. Appointment confirmation printout
    21. Company annual report (if any)
    22. Company's tax returns (if applicable)
    23. Your personal tax returns for last 5 years. He asked for last three years.
    24. Marriage certificate (if applicable)
    25. Take your business card, if you have one
    26. Driver license
    It may not hurt to take your company's documents (tax returns if it is small or annual report if it is a big company) with you.

    The guy said that I can pick up visa the same day. If they tell you to pick it up the next day, just go back to border (Mexican side) and there are few hotels where you can stay for the night. Killed my time at local Walmart and ate at Applebees but you can eat at other fast food joints at a nearby mall. Make sure that you take ample $1, $5, $10 and $20 bills.

    Nobody speaks frikkin English (unlike Tijuana). I had a tough time communicating when ordering food.

    Picked up the visa at 4 PM, took a taxi back to border and showed my new shiny H1B visa to the border agent. I told him that nobody asked me for my I-94 in the morning when I left USA. He took it cool and took the I-94 from me and asked me to staple the I-94 attached to my I-797 to my passport. Drove back to Phoenix.

    Hope this was helpful.

    Good luck!



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  • Ann Ruben
    07-06 06:04 PM
    Hi Raj,
    "as long as the new company can provide me a future job offer, when the PD is current the GC can be approved."


    Well, not exactly. The above statement is true only as long as you do not abandon your AOS application. To make sure that USCIS does not find that you have abandoned your AOS application you should maintain the validity of your Advance Parole if at all possible. Alternatively, if you maintain a current H-1 visa for the new employer, there is a reasonable argument (but not a guarantee) that, despite your absence abroad, you have not abandoned your AOS application. Finally, if after working overseas for the new company for at least one year, the company successfully files an EB-1 I-140 petition for you, you (and your family) can immigrate via Consular Processing in the EB-1 preference category using your old EB-3 priority date if necessary.

    Should I transfer my H1B with the new company, or it's not required? My job offer will be from the Indian company, and not the US company.

    If you maintain your Advance Parole validity, an H-1 transfer to the new company would not be necessary.

    "In case of business travel, until the PD is current, if I don't have AP renewed which visa should I travel on? As I won't be paid directly from the US counterpart of the company, I am not sure if I can travel using H1 for short time.
    Could traveling on B1 visa consider it as abandonment of GC process?"

    You raise an important point. Travelling on a B-1 visa would certainly be considered an abandonment of your AOS application. Similarly, if you are found not to be "employed" by a US company because you are not on the US payroll, you would not be entitled to enter in H-1 status.

    Ann




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  • sunty
    07-26 12:02 PM
    I live in Jersey City. I am planning to move to NYC. My company and job location stays the same. I have filed my I-485 (received July 23rd) with I-140pending. I don't have my I-485 receipt notice, only I-140 receipt.

    1) Is it safe to change one's residence(different state) ?

    2) How do I update my address for I-485 so that I get the receipt notice at the new address ? As far as I know USCIS stuff is not forwarded by USPS.

    Thanks



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  • permfiling
    10-18 08:35 PM
    Thank you all for your replies.

    My attorney is in NY, he said he cannot come to CA for my interview.

    Can I take a local attorney just for the interview purpose?

    And we have a 1 year old kid, can we take kid to the interview?


    Hi GGC,
    Die your online status anytime show the following message ?

    On Oct 18, 2010, we transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our LINCOLN, NE location for processing because they now have jurisdiction over the case. We sent you a notice of this transfer. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.

    During this step, USCIS initiates the background checks of the applicant/petitioner and identifies issues that may need to be addressed either during an interview or by asking the applicant/petitioner to submit additional information or documentation. USCIS reviews the applicant's/petitioner's criminal history, determines if there are national security concerns that need to be addressed, and reviews the application/petition for fraud indicators

    If you have filed an I-485, I-589, I-751, N-400, I-90, I-821, I-131 or I-765, you can expect to receive an appointment notice to appear at an Application Support Center to have your fingerprints and/or photographs taken. The timing of your appointment is determined by the number of applicants ahead of you that also need a biometric appointment. We try to schedule biometric appointments as quickly as possible and in most cases you will receive your appointment notice within 30 days of submitting your application. We will send your appointment notice approximately 14 days ahead of your scheduled appointment. It is important that you keep this appointment. If absolutely necessary, you can request that your appointment be rescheduled however, please be aware that rescheduling may delay the processing of your application. Please follow the instructions on your appointment notice if you need to reschedule. Occasionally, you may receive an appointment notice to appear at an Application Support Center to have your fingerprints taken when you have filed a form other than those listed above. In these situations, you may receive your appointment notice more than 30 days after submitting your application or petition.




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  • sidbee
    06-10 01:47 PM
    Sidbee,

    thank you sidbee and i would pray that you would never be in this position. Its hard to stay home without at job and secondly, with H1B laidoff its even tougher.

    I was laidoff recently and i know the stress one goes through. That's the reason i am trying to help by making a IVjobhunters group. I have found my job and i have nothing to gain.

    Sidbee if you cannot talk good or help please shut your mouth. . If someone is asking for help ( Laidoff means Was terminated from work for no reason of yours).

    You have the right to ask your employer for one way return ticket to your home town. Its not just the international airport but till your home town, Its a law and you should get it.

    I was laidoff and i took unemployment benifits, Sidbee, Give me a lecture.

    J thomas


    You took me wrong.

    I meant , that if i was illegaL (laid of for 5 months) , i would just leave without making noises.
    I was giving my point of view.
    And yes if i was laid off today , i would fight to get my return tickets. But if i choose to be illegal for 5 months, than i wont.

    I have full sympathy, with whoever gets laid of on H1B, But thats the law, and i know it , and still i prefer to work on H1B.



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  • lostinbeta
    10-21 01:51 AM
    lol. Yeah I know your just kidding about that 3rd grader stuff mr. Iworkedforeidosandnike :P




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  • bhatt
    12-16 02:12 PM
    A freind of mine had two years EAD and don't have H1 anymore. His drivers License was denied as EAD is not considered a valid document for drivers License extention.
    This happened in Wayne , NJ.
    I too will be going for the renewal soon. Did anyone else faced similar situtation. If yes, how did they resolve?

    Try a different DMV. Some of the officers even does not know what is EAD or AOS. Recently I tried my local DMV it didn't go through then I went to Trenton, it was just a 2 min Job for them.



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  • raju_abc
    07-22 09:03 PM
    by consultant means "both are Consulting company" or rather i have applied H1 through a consultant and not through a company




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  • little_willy
    05-22 08:46 PM
    What will happen to people who already made the move hoping to preserve their priority date from previous employer? Isn't this unfair to these folks. Do you think they may be exempt from this? I wish at least.




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  • gc_check
    07-14 07:18 PM
    My lawyer has everything ready to go, Will monitor the situation and will decide accordingly... Most likely, looks like mine will be applied towards the end of July... Also depends on what August VB has to offer, but her concerns are what if USCIS not receipt nor reject and hold the papers, saying the cases are subject to litigation and will not process until a court decides....? etc... and mean time if the dates become current.... what needs to be done...

    Also one thing, I observed, most of the updates from most attorneys seems to be the same... looks like all are going with what Aila/Ailf suggests....

    Hope some interim relief is provided and this whole mess is cleared in favor of the applicants, as we are ones who are really affected




    conchshell
    07-30 12:04 PM
    Paper based filing on July 2nd 2008 (NSC)
    Got filing receipt on July 19th 2008

    Today I got the CRIS appproval email for my EAD application. However, the EAD application for my spouse still shows pending. We both filed together (paper filing). Is this normal, has someone seen this type of situation before? Do I need to contact USCIS to remind them about the other EAD application?




    supreet
    05-15 12:46 AM
    Hello All,

    I have read that it is not advisable to take any public assistance (like file for Unemployment) while on EAD.

    I am a August 2007 filer with I140 approved and 485 filed > 180 days. I was recently laid off and I am planning to take COBRA for my health insurance needs. I have got some paperwork regarding ARRA Premium Reduction (American Recovery and Reinvestment Act) where it says if your job is involuntarily terminated you can get 65% payments for your COBRA payment from ARRA Premium Reduction program.

    My questions for the experts is, is it advisable to take this assistance? Can it cause a RFE on my 485?

    Thanks for all your answers.

    S



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