Saturday, June 11, 2011

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  • gc_75
    07-17 05:18 PM
    I think we have till July 31st. About 2 weeks.
    one silly question. How weeks do we have in hand to file 485?




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  • Saralayar
    03-17 02:20 PM
    According to IRS
    http://www.irs.gov/newsroom/article/0,,id=179211,00.html
    If any member has ITIN, economic stimulus package benefit will not be given.

    EAD is a must for applying SSN. You need to show the EAD card, I-94 and Passport at the time of applying for SSN.




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  • srinivas_o
    01-08 10:53 AM
    Thank you for the quick response.

    You said there are 3 copies of AP. But my lawyer sent me only 2 copies. Is that a problem???




    I recently entered US on AP. At the POE, I gave ONLY my passport and AP(it was 3 copies stapled together). Thats all.
    The IO gave me one copy and said "you can keep one for your reference" and took the other 2. Then escorted to another room, where more people were waiting, and I had to wait for about 10 minutes and an officer called my last name and handed me over, my passport along with one copy of AP with some stamp on it.

    I am still on H1, also got my EAD. I-485 is pending. The other documents that I carried was, a letter from my company stating that I work for them, and all my H1 copies...but I never showed any of those documents.

    edit: While I was standing in line to be called by the IO, the person(indian) in front of me who was being served by the IO, gave many documents, eventhough the IO was saying "I don't need them". This guy was pro-actively telling her that he is working for so-and-so company, took some papers and was giving it to her, and she said politely that its not required...he was also entering on AP cause I saw that guy in the room.

    So, Please don't over do. just give only the document that is asked for.




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  • eagerr2i
    11-06 03:28 PM
    Here is the link with the clarification released on Jun 6th By Michael Aytes, Astt Director of USCIS regarding Non Cap h1B's



    http://149.101.23.2/graphics/lawsregs/handbook/AC21C060606.pdf

    These roles qualify for non cap H1B's



    * Renewals of existing H1b's

    * If are working for a not for profit institution

    * If you are working for a institute of higher education ( as defined by the US education act of 1964, institutes like 2 yr and 4 year colleges and some high schools which have teacher education programs with schools of education in these colleges) or a government research institution or a company associated with the above institutions where the primary objective of the company is to supplement the mission of the institutions, example would be a company providing research assistants to a reseach medical hospital. In this case the company is not cap exempt but the job involves the institution that is cap exempt.



    What kind of institution will your wife be a financial analyst in?


    I am not an attorney, pls consult an attorney regarding your specific case. Hope this information helps.



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  • Ann Ruben
    06-26 09:48 AM
    the answer you got is correct. you can sign as the child's father. I agree that the law is inhumane, but sadly it is the law. The baby's young age alone will not suffice as a basis for Humanitarian Parole. Again, I urge you to consult with an experienced lawyer before proceeding.




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  • NeedMiracles
    06-03 09:11 AM
    The link says all the majors considered as STEM. If you choose Browse by STEM discipline - those are the STEM disciplines..



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  • Ann Ruben
    06-29 03:00 PM
    Note that you cannot legally be required to reimburse certain immigration fees such as the $1500 or $750 ACWIA fee. Also,you cannot legally be required to reimburse USCIS filing fees and/or immigration related legal fees which, when subtracted from your salary, bring your salary below the required LCA wage.




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  • satyasrd
    06-01 09:31 AM
    I agree and believe we can get #3 passed. It will provide relief to thousands like myself who have to struggle to maintain a status.
    I have asked this question several times to IV/Pappu but got no response. Is is possible to ask for this provision asap ? We know that IV is working on a bigger cause to get us all GC's but honestly no one is sure when and if CIR will happen. Even if it does no one can guarantee that our interests will not be put aside.
    I am surprised that whenever I ask for this temporary relief, I see no one else coming forward. I know that there are thousands waiting to file their I-485 but no one wants to speak up ?! That's very disheartening !

    Even if we can get one of these, especially, Item #3 passed will provide relief to many candidates.

    For example, we can request Congress to amend to "Allow USCIS to issue 3 year EAD along with I140 Approval."

    Can IV help pass this request on Advocacy days?



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  • akhilmahajan
    09-14 03:22 PM
    Please if you at home and can listen to it that will be great. Is there a way to record it up?

    Being at work cant listen to it. I would have loved to listen to a dedicated and devoted personality.

    Cheers.




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  • bfadlia
    05-27 08:09 AM
    My son and wife too had EAD's expiring in Aug, 2010.. Had no option but to get the DL for three months and applied for another renewal of EAD's.. What a crap..$ after $.. Did the letter from USCIS you got after infopass help or not??


    I don't think the letter was of any help, it said my case is still pending, and as I mentioned above DMV told me they already knew that, they had access to USCIS database.



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  • lostinbeta
    10-03 12:51 PM
    You checked it.... now I am just spamming :P

    SPAM

    ::::runs away:::




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  • texanguy
    02-02 01:45 PM
    previously discussed.

    check out my post and gc28262 's response in the following link

    http://immigrationvoice.org/forum/showthread.php?t=23111&page=2

    I believe you need more than 6months of stay for it to be called as continous presence. Anyone shed some light.



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  • javadeveloper
    07-20 09:51 PM
    OK agreed , when it's a law we should abide by them.But what are the other options available for B? He can't be covered under 245(K) so this option is ruled out.He needs to forget about GC? Will it be helpful if he contacts good lawyer any hope? Or just rely on luck?




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  • ysnraju
    07-25 10:45 PM
    So far not come across
    But for Filing only Primary and dependent after that all the dependents and primary applicants will have their own Application Numbers and so.
    So no wonder Dependent may get approval.....
    But lot of questions araises
    Just for argument shake please do not expect to happen but for argument
    if the Primary applicants is not eligible then what they will do ........ :)
    .......



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  • gc_75
    07-17 08:58 PM
    As far as I know, nobody is disputing that.:)

    just wanted to confirm one thing again ..does this mean we should definitely be getting our EAD's ??




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  • americandesi
    08-11 03:44 PM
    I noticed a flaw in GC process with respect to “Ability to pay” and “AC21”

    Here are the definitions

    Ability to pay - Suppose a company files for I-140, it has to prove its ability to pay the proffered wage to the beneficiary.

    AC21 states that an employee can change jobs to a similar position if I-485 is pending for more than 180 days. This could happen when I-485 is pending for more than 180 days or after its approval.

    Let’s consider the following scenario

    1) Company A files for I-140 and I-485 concurrently and proves its ability to pay the proffered wage to the beneficiary at I-140 stage.

    2) I-140 gets approved and I-485 is pending for more than 180 days.

    3) The employee quits employer A and remains idle (or) becomes self employed (or) joins employer B in a different position.

    4) During the I-485 adjudication he provides an offer letter from employer C with similar roles, responsibilities and wage as the proposed GC position with Company A and says that he intends to work with employer C after I-485 approval.

    5) I-485 gets approved.

    Here is the flaw. USCIS doesn’t check if employer C has the ability to pay the proffered wage to the beneficiary. All it asks for is an offer letter with wage, duties and annual salary.

    What if company C is running in loss and not in a position to pay the proffered wage.

    Why should USCIS make a big deal out of ability to pay when it’s not checked across all employers where the beneficiary intends to work?



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  • ivgclive
    03-20 05:37 PM
    Hi Everyone,

    Our Immigration status is EAD and my wife is pregnant,
    We are very happy with the news..

    There is lot of possibility for us to be in India during due date, based on few important events in family.
    We would like to know.. if baby is born in India then what possibilities are there for us to bring baby along with us?
    (if mother stays in India for couple of more months)

    can baby also get Green Card when we (parents) are allotted green card?

    All your advices are always appreciated.

    Thanks & Regards,
    Satya.

    Note: Admins if required, please close this thread and redirect to any existing ones, as i could not find one I have posted a new thread.

    Congratulations!

    If you have the baby in India, you can bring only if you are in H1B as H4.

    EAD - Sorry.

    If you plan to stay in US, forget your family events, they are the payments you make towards your GC.




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  • perm2gc
    08-30 09:38 AM
    Immigration gurus, need your advice ASAP

    my current H1B visa expires 03/07 . If I can fill for extension and while petion is pending with USCIS for processing can I travel outside USA ?

    I asked lawyer to apply for extension first week of september . I have I140 approved and he will request 3 years increment .

    my job requires traveling outside USA and I'm wonder if I can travel back and forth until petition is approved .

    I know that after approval I need to get visa stamp .

    Your quick inputs will be highly appreciated

    thank you in advance
    You can travel back and forth until you have valid visa stamp.You can do it until 03/07.




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  • chris
    12-30 09:32 PM
    Our files assinged to Adjudicating officer on Nov 30th. (PD is current ) Nothing happend sofar.
    Is it time to worry ? I seen in this forum cases processed within two weeks after assinging. Any input will be appriciated.

    HAPPY NEW YEAR TO ALL :)




    xbohdpukc
    08-26 08:58 PM
    im really concerned about getting a GC more than using my MBA. Im already a Director of Software Development for my company so there no more career change that i need !

    then just sit tight and wait. and keep your money from those crooked "educators"




    satishku_2000
    10-05 07:03 PM
    "How big of a risk would it be to file on EB2? If they reject me for EB2, would it hurt my chances on applying again on EB3? How much time would I lose in case of a rejection?"

    Your PD being what it is ..I dont think it really matters in terms of time whether its EB2 or EB3. Honestly I think the best bet is to have an approved 140 ASAP.

    Your date becoming current anytime without congressional action is very rare. But Lets assume there is a congressional action and you have a problem with your 140 .. your petition cannot be approved even though your date becomes current. Another important thing to consider is A2P at 140 stage, it depends on your company's size , profitability ...

    One can present a contradictory argument much more eloquently too.

    You have to keep in my mind that "there is no premium processing available for 140 now".

    Convetional wisdom of my attorney is that dont attract unnecessary scrutiny, so far he has been proven right in my case ....

    Good luck with your journey .. you have a pretty long road ahead of ya



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