Saturday, June 25, 2011

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  • gg_ny
    06-22 10:34 AM
    It only makes sense to use RD when PD is current or has moved up. But the order of processing is not just RD but other factors like fingerprint, name check etc. as discussed in other mails.

    Although I opened a new forum, I am posting my request here: please post your EB2 approvals, if any, with PD and RD and the country of origin.This would help to fine tune others' expectations of completion of their cases.
    -g

    I agree, but with a little change.

    With PD retrogressed, I-485 can be processed, but can not be approved. For example, RFE can be issued, it can be denied for any I-485 for which PD is not current.

    Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
    -------------------------------------
    Permanent Resident since May 2002




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  • makemygc
    01-07 06:59 PM
    I had the same scenario and got my EAD renewed using the new passport number without any issues. What USCIS is mainly concerned about is your A# that you fill up in your EAD form.

    Thx
    MakeMyGC

    I would like to know the answer to this question too. does anybody know?

    also pkv..how many days did it take you to get the new passport?




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  • karthiknv143
    06-01 05:13 PM
    ^^^^^^^^^^^^^^^




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  • saileshdude
    05-15 09:42 AM
    Mishras,

    If your case is genuinely true then you should not have a issue scanning the RFE as is and posting it . You can take out your name and personal info but leave everything else intact if you want to. Also did you contact IV members like Pappu if you really need help. If you indeed got this kind of RFE then you should not hesitate to contact them.



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  • Munna Bhai
    01-31 03:28 PM
    Why employer has to pay for revoking I-140 and how much it cost them? Any idea? suggestions??




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  • chanduv23
    09-30 09:45 AM
    :( I just got an RFE on my case...I had 2 soft LUD from past 2 days and now the status says "Request for additional evidence sent."

    I have used AC21 to change jobs but I am still on H1....Now i am worried.

    Don't worry , it is not a denial



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  • WeShallOvercome
    11-07 12:10 PM
    If EB2 PD is 1 APR 2004 then what does the ProcessingTimeFrame Date(August 25, 2006) mean for I-485 in Texas Service Center.

    Can anyone clarify. Guys exuse my Ignorance...I just want to know the rule


    sury,

    What that means is "All applications received before August 25, 2006 AND whose PD is current , are being processed"

    If your PD is 2003 but you filed your I-485 after Aug'2006 your app will not be adjudicated.
    If you filed before Aug'2006 but your PD is after Apr'2004, your app will not be adjudicated.

    If your PD is before Apr'2004 and you filed your app before August 25, 2006, your app will be adjudicated..

    This is to make sure people don't start expecting approvals and calling them left and right one day after filing if their PD is current. they need some time for every application, so they put in this 'processing date' which works in conjunction with 'priority date' to check if a case is approvable at any given time. They normally won't entertain calls enquiring about a case if the filing date does not fall within this processing date.




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  • priti8888
    02-18 06:19 PM
    Maintaining legal visa status is not considered a deductible employee business expense. The IRS considers this as a personal expenditure


    http://www.neidhartcpa.com/deduct.html


    Medical expenses may be deductible but it won't exceed 7.5 % of your AGI so eventually it wont be deductible.



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  • nayekal
    08-18 06:30 PM
    Exactly.....You nailed it correctly.

    Some people did mistakes in the past and tried to correct it. If they are successful in correcting the mistake legally, then you should feel happy about it and wish them success.

    At least don't wish them bad luck....




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  • hoolahoous
    03-18 10:51 AM
    i am switching job using ac21. my current employer trusts immigration attorneys. and as expected attorneys suggested (since they get paid) that company should withdraws both H1 and I-140 after I leave. I know I am safe, however USCIS will definitly send me an RFE at time of processing my application and I will have to answer that. So I am trying to put my side to them saying that if it is optional, they should not.

    So my question is, does the Law say that an employer has to withdraw all (or some) immigration petitions after employee leaves ? I was trying to search but I couldn't find anywhere where it said that it is mandated.

    Also as far I could tell from forum posts, there is no set form which needs to be filled by employeers to withdraw the application. That would seem to suggest that it is not mandated.

    On flip side, if it is mandated, then why most of the employers do not withdraw the application ?



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  • venky80
    06-16 04:35 PM
    Raziz,
    Did you get any queries ever? I mean RFEs?




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  • raydhan
    02-14 02:17 PM
    Thanks for that Iptel.

    Will include it in our lawmaker materials list right away and incorporate it into our presentation as soon as I can.

    best,
    Berkeleybee

    Iptel,
    Superb find. Great job. Among other things, this report talks accurately about the current Green Card delays and solutions and how LEGAL HIGH-SKILLED IMMIGRANTS add to the economy and innovativeness in the U.S.

    Selected sections can definitely be used to enlighten the lawmakers.

    Keep 'em coming!!!



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  • spam
    01-04 12:08 AM
    Hi,

    I just joined this forum. It really looks neat for just 4 days of existence..

    In my view, we need to really differentiate this forum from lot others out their, the name of which I don't have to mention. One way of doing that would be making this an "action forum" than another information forum. As a starting point we should have clear vision and mission statements.

    Vision should be strong and action oriented. Not like "helping the immigrant community." I would propose " Inspiring/Organizing legal immigrants to realize/understand their rights and play their part in securing/achieving them.." or something like that.

    Mission statement should be the priorities (again actions/tasks/goals) per year, set in the beginning of every year..

    I propose the following for this year:

    1. Making sure Retro relief is put in and passed in the Immigration reform bill
    2. Identify and tie-up with at least 2 high power partners
    3. Some relief for people affected by FBI name check -- This could be long shot, but I am putting it anyway because it is close to my heart:-))
    4. Others..

    I will stop my onslaught and get ready to hear your good/bad comments..

    Thanks




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  • BECsufferer
    09-03 09:09 AM
    Congrats to 12/2004 PD holders.

    Unfortunatly for me and my wife, it appears we will be missing this window of opportunity. Just happened to have filed an AP for her. F&$k USCIS:mad:



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  • chris
    02-05 09:02 PM
    One time one IO told me once you file your 485 or any application means USCIS is working on your case. You have to wait until they mail a decission. (what are we going to do though :p)

    Here under review means same above meaning. Since your PD is not current. Even though they are working on your case doesn't mean any thing. :p

    Good luck though. (we are seeing on forums that people are getting GCs without PD's are current.) :mad:

    Cris,

    I just called teh number and was able to talk to the officer.. he said the case under review.. means.. Any idea.

    Thanks again.




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  • fromnaija
    07-20 04:34 PM
    You will need to file an immigrant petition (Form I-130) for your child and wait for its approval. Your child will have to wait overseas until his/her priority is current. Thereafter, there will be some form of consular processing and the child will obtain an immigrant visa. Thereafter you can bring your child to the USA. It is a long process......

    Caveat: I am not an attorney. You may want to confirm this solution with your lawyer.

    I and my spouse both have green card. We have a kid who was born in INDIA. He has not visited USA till now. The kid is about 2 years.
    We are planning to bring the kid by end of this year to USA.
    So what visa should we apply for him we are not sure :confused:

    A friend told that he had a baby born to him in india and came to usa with in the 1st 6 month to USA and since both parents were having green card, at port of entry in USA, the kid also got greencard for 5 years this was couple of years back.

    But in my case, the kid is 2 years AND also not sure what is the procedure now. Is it still true by default the kids automatically gets the green card at port of entry (Is there any age limit I hope may be till < 13 yrs) if parents posses valid green card. Please help me in this situation.

    Thanks in advance, ;)



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  • krishmunn
    01-05 12:55 PM
    They cannot hold your PF no matter what. Send a Attorneys letter (in India) stating that it is illegal for them to hold the PF and they should pay it immediately. It has worked magic for a friend of mine who quit one of the largest IT employer.

    As for OPs question on email being binding , it probably is not. To be a binding contract both party need to sign. When you say "Wipro didn't want me to stay longer" do you have any mail to prove that they indeed wanted you to leave earlier ? If you have that, they sure cannot do anything. As for Leave encashment, if it for leave earned in US, complaint to DOL using form WH4 (assuming you are on H1, not L1) .




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  • snathan
    04-22 08:24 PM
    I am employeed in IT consultancy, and wants to change my employement as a permenent employee of the client.
    When i told this to my employeer he is telling me that he can file a lawsuite against my Client(New Employeer) on the bases of Small Business Administantion laws, stated below

    Although the contract does not specifically state that the client cannot hire the contractor (you) on a permanent job, it also does not state that the client can. Current Employeer comes under the category of the 'Small Business Administration' under the State and the Federal Governments. Both governments fully support the growth and looks after the interests of small businesses in the country. They have always done it and are even more supportive lately as a result of the struggle small businesses are undergoing in these bad economic times. I have been advised by the company attorney that I contracted you to the client purely on professional and ethical grounds for the benefit of Current Employeer business. If a giant company like Client just takes you away to their advantage, it may not be looked upon favorably by a small business court.

    Below is what is in the contract between my Employeer and Client.

    1. This agreement is for the sole purposes of providing the services of the Contractor�s employee XXX to (Client).
    2. Contractor will be an independent contractor of Company and will work on a Client assignment.
    3. Company will pay $XX.00 per hour to Contractor for all the hours of work and expenses approved by Client.
    4. All time and expenses should be entered into client�s system and should be approved by the concerned manager or project manager.
    5 Company will not pay contractor for any time and expenses not authorized and not approved by Client.
    6. Contractor shall be solely responsible for the quality of work performed.
    7. Payment terms shall be XX days net and will be made on a bi-weekly basis.
    8. The start date and the length of assignment will be determined by Client, and Company shall let the Contractor know in writing before the date on which the consultant starts working for the Client.
    9. Contractor reserves the right to offer consultant�s services to other clients until such time the Company and the Contractor executes this agreement as well as a project work order.
    10. This is the only agreement between the Contractor and the Company. Changes can be made in writing only and have to be signed by both parties to be effective.
    11. This agreement is subject to the laws of the State of Texas.
    12. Either party can terminate this contract by giving 2 week�s written notice, via email or physical mail. The notifying party must obtain proof of delivery of such notification to the other party.

    Can any one tell if there is any possibility of that

    It seems he is trying to scare you...pay few hundered dollars to an attorney and check.




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  • jonty_11
    01-15 12:07 PM
    Problem is it will be another $500 expense (Test plus air Tickets) as the test center is not in my state/city.

    I do have a Masters from US and 6 plus years expirience in US.
    I had written a detailed letter explaining all that....I am going to try to take it withing 120 days as stipulated in the letter...




    chanduv23
    06-28 03:45 PM
    Merge this into the rumor thread please




    sk2006
    07-14 10:47 PM
    Hi,

    Recently I transfered my H1 B from X company to Y company & now I am going for my visa renewal. My previous employer is not providing me the experience letter. Though I am having all my paystubs, appointment letter etc. I think I need the experience letter also...So what should I do now. Please suggest me.

    Thanks,
    Sangeetha K

    Dear Sangeetha,
    For H1B you may not need exp letter.
    However for I140, you will and you can get experience letter from Ex-Colleagues or Ex-Manager. It worked for me.



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