Friday, June 10, 2011

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  • BharatPremi
    07-12 10:57 AM
    Well, I meant in the light of these new details coming out about visa numbers actually being available as claimed by "knowledgeable sources", and also in the light of the *kind of* questions being asked by Zoe Lofgren.

    Just read the Ombudsman's report today - though I'd heard about these facts floating aroiund...

    Not claiming to make some new discovery here... merely stating that it kinda makes sense now.

    Sorry to start a new thread about this.... listened to Rajiv Khanna's recorded conf call and apparently he's not very hopeful anything will come out of AILF's class action...

    jazz

    What conference call you heard was more emphasizing not to file during July with a secure note that filing would not hurt too. But after that lot of water has flowen down from upper Ganges to Bengal Bay. After that Rajiv changed the opinion and specifically put a note on home page of immigration.com. That note now says it is smart to file in July. This gives us the hint, at least I beileve, in the background USCIS is forced to come up with favorable solution to us perhaps without the need of lawsuite by AILF. Around same time Greg Siskind came up with news that USCIS is holding the cases.. So let's wait




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  • eyeopeners05@yahoo.com
    06-02 01:36 PM
    you are right, but isnt that found only when you are travelling outside of the USA? If I am in USA till i get a gc and then add my wife, how will anyone know if she is out of status ?




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  • h1b_holder
    03-15 11:20 PM
    can someone please give me some advices about this situation?

    I'm in US since Aug 2006 with F1 visa (and F2 my spouse).
    Nothing changed in 2007, and I didn't leave US at all.
    Then in June 2008, my visa status changed to H1B (and H4 for spouse).
    I am also receiving tuition waiver as employment benefits (I got the 1098T form for that).
    Spouse does not have ITIN and never filed any returns in US. By the way, is there a problem I didn't request an ITIN for my spouse by now? should F2 always have an ITIN even if spouse has never had any income of any sort?
    I have always filed 1040NR-EZ (for 2006 and 2007) but didn't claim spouse these 2 years (while on F2)

    My question is whether I have substantial presence in US after 3 years or not, and which form should I file. How about spouse's (with no ITIN) tax forms? Thank you.




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  • sgorla
    02-20 04:22 PM
    Here is the link to database:
    http://www.flcdatacenter.com/CasePerm.aspx



    gcseeker2002,

    Can you please provide the link.



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  • when
    02-29 08:42 AM
    How can one find his/her receipt date if they dont have copy of their receipt notice, just the receipt notice?




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  • uma001
    08-18 05:19 PM
    Guys,
    I faced this problem myself. My wife was on H1 earlier and she never worked for a period of 1 year. At the beginning of the H1 period, we are expecting a baby and we took easy about her doing any job (its my fault). Later, market turned worse, it became to hard for her and her employer look for projects for her.

    So, I contacted a lawyer (he is great). He told me that her status is H1 even though she is not working and she has to get back to H4. He assured me that they will for my documents more than her's and we filed as such and we don't even have her pay stubs or W2 forms.
    She got in 45 days period and last week she went for H4 stamping, showing my documents. Yesterday, she got her passport back with H4 stamp.
    What Nayekal says is correct. Even though technically your wife is out of status but she may gey H1 to H4 transfer approved without paystubs. Now she has to file immediately for H11 to H4



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  • Karthikthiru
    06-11 01:45 PM
    If Bush says anything this concrete - THEN HE WILL. Lot of times it looked very stupid when he said like this but finally it gets done. We should prepare to see what ammendments we can include

    Karthik




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  • pdakwala
    06-26 12:12 PM
    The senate just voted on the cloture motion. The motion is agreed to and the bill proceed further. The bill got 64 yes and 35 no. The senate majority leader Reid of Nevada is expected to choose the "clay pigeon" option.

    The option will give the expedite passage of this bill from the Senate.

    Pratik



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  • pappu
    12-19 03:15 PM
    Thank you paskal.




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  • GCwaitforever
    12-14 05:08 PM
    1. You can write to USCIS to extend your OPT period.

    If your home country has a problem - like Famine, Earth Quake, Tsunami, Military Coup or another civil unrest, you can claim hardship in returning to your home country and ask for extension on that basis. God forbid, let us pray nothing like that should happen in your home country just for the sake of your OPT extension.

    I do not know the validity of your status during your request for extension. Will the EAD be considered extended automatically till USCIS answers your request? Check with your student advisor as some students might have done this before.

    2. Ask your company to put you under training (H-3 Visa). This has come up quite a few times in this forum.



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  • sheelalann
    05-21 12:55 PM
    we should sue wipro :-)




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  • gc_on_demand
    04-06 10:34 AM
    Could elaborate why you say this is about I140? I couldnt derive that from the posting. Anyhow this whole this is utter nonsense from the immigration department. I dont think there will be any action, period.
    The whole thing is written as if June 2007 happened by mistake, I dont buy that.

    If publisher understand meaning of Petition vs Application then I 140 is petition which can be approved or denied and doesnot need adjuction. While I 485 is a visa application by individual which can be adjucted if visas are available and petition has been approved.

    But here they are talking both words in same sentence. It could be they approved 75k I 140 and adjucted those many 485s. and their goal to have only 55k I 140 on hand.

    Still they can approve 65k I 485 from pending backlog. ( 75 + 65 = 140k ). So my understanding is from previous backlog they approved 75k I 140 + I 485. Still 65k visas are left . if these many visas are left then I dont think dates for Eb2 india will go near to 2005.



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  • Alabaman
    08-24 09:00 PM
    http://immigrationvoice.org/forum/showthread.php?t=1540

    TUESDAY, OCTOBER 24TH, 2006?




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  • Vitriol
    04-13 09:12 AM
    Gurus, your inputs please: Can I take up a position in India with an American Firm while on H1B?



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  • guyfromsg
    07-18 08:34 PM
    Hi,
    I am in the same situation. I just got the tracking number from my lawyer for the fedex that he had sent on June 30 and he has sent it to Dallas . I live and work in California. I went through the Direct Filing press release and the USCIS link :
    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=eb7b5cdc2c463110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD

    and now I am confused as to whether my lawyer did the right thing or its ok to send the application to Dallas??

    Anyone any thoughts???

    Here is my opinion. I read in some posts that they will redirect the document internally to the correct processing center. The direct filing rule comes into effect on July 30th and they may be strict about filing center after that. As I said this is my opinion. Let me see if I can find the official answer in USCIS site.




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  • rajeevkaza
    10-30 09:33 PM
    Hi,

    I understand ur problem, let us fix one by one, Ideally you are supposed to apply ur H1B atleast before 1 month, at the same time you can apply ur H1B extension within 45 days after expiry date with a genuine reason. As your Attorney to show proof and have him apply for H1B. Once you receive your receipt number you are still on H1B, if there is a way try to get it done in premium process.
    Now coming to using EAD, once you start using it, as far as my little knowledge goes you should not come back to H1B.

    Good Luck.



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  • FKFish
    01-30 10:31 PM
    hi,

    I am on h1b EB3 and my 485 is pending since July 2007. I will get married soon and my wife is on F1. It seems I'd better to get married before my 485 approval in order to add her into my 485, right? (My PD is 2004 July which is not current. ) If this is true, since my PD is not current, can I file her 485 now, just add to my 485 or I have to wait until my PD becomes current again?

    Many Thanks.




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  • inskrish
    08-02 12:37 AM
    Here is my prediction.

    Once all receipting is done by Sept 17th for all late Aug 17th filers, they will immediately start processing all oct 08 current cases.


    Do you think by Sep.17th receipting would have been completed? :-)
    Regards,
    IK




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  • edaltsis
    11-12 10:26 AM
    One of my friends got his H1 Transferred w/o pay stub. It depends on the lawyer, some can manage to get this done and it also depends on USCIS officer who deals your case. Try to hire a good lawyer and they should be able to help you out.




    sb15
    01-31 04:43 PM
    Please let me know whether my I-140 will be approved under EB3.I have 3 year bachelors degree(Maths) from India and 2yr diploma from Aptech. Your suggestions will be highly appreciated


    Column 14
    Education

    Grade School : 8 years
    High School : 4 years
    College : 4 years

    College Degree(Required) : Bachelor's Degree
    Major Fied of Study : Computer Science*

    Column 15

    Travel and/or relocation required

    *compluter Applications, Computer Information Systems, Electrical, Mechanical, Mathematcis, Physics or its foriegn Education Equivalent. Will accept any suitable combination of Education , training or expeirence in lieu of stated requirements.

    You are fine my friend if you applied in EB3. In EB3 you can apply as skilled worker or professional, if you applied as skilled worker you will get the approval for sure. If you applied as professional you may need to get education evaluation done, ofcourse you can combine your degrees to make equivalent to US bachelors as your labor allows it.

    If your application is in texas, they will not reject based on education for sure( i don't know about your company financial status) they are very liberal. If your application is in Nebraska they may send RFE for education evaulation (if you didnt submit it with your application).

    On the whole don't worry about education column as your labor gives the flexibity of combining the degrees, you will get approval for sure if your company financial status is good.

    Hope this information helps..
    Thanks
    SB




    quizzer
    11-08 05:26 PM
    EB-2, NSC, PD 10/30/07. Only LUD on 11/22/06, since then nothing

    Romesh,

    Any updates?

    Thanks



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