Thursday, 16 June 2011

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  • Raj Iyer
    09-13 12:45 PM
    No., you do npot qualify for EB-2 Unless you do a 3 years MAsters from India or a 2 yrs Masters from a U.S. intitution.





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  • bharol
    06-16 12:57 PM
    I am a Citizen that is petitioning my husband of 5 years. We received a letter in March'08 to be present at an interview in Charlotte, NC. We gathered all of the required documentation to provide. Once there, and called in with the Immigration officer, we began our interview process. She was satisfied with all of the information, and tangible proof, we provided. She asked my husband for his passport in order to stamp his I-551 and that meant we were approved. Unfortunately, my husband's passport had been expired for some time and she could not stamp it. What do we do? He works and it will cause heartache and financial stress if he looses his job as the company has strict rules about what documentation you must present in order to remain employed. Please help. Since we have not received a letter from USCIS and the status is still pending, we are unsure of what we should do at this point. Any information you can provide will be greatly appreciated.

    Whose fault do you think it is?

    It is the hight of carelessness.
    Passport was expired when you went to consulate!
    I can't believe it.

    You deserved it.

    Now go get the passport renewed and get back in line.





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  • 510picker
    December 3rd, 2008, 06:06 AM
    I'll be anxious to hear your opinion once you've spent some time with your new equipment.





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  • MrWaitingGC
    06-23 09:00 PM
    My priority date is EB2 Dec 2003 and I can file my 485 in June.However my spouse who is on vacation will be returning back to US on Mid July.

    Considering the huge load of application that will be filed by the beginning of July , is it wise to:

    1) File my 485 application in June (I have all my documentation ready including medical) and add my spouse application later or

    2)Wait for for spouse to return and file together on the 3rd week of July.

    Does the time gap of a couple of weeks make a huge difference in the processing of my application.

    any insights please....


    If your case approves in a day your wife will be out of status. I am pretty sure this will not happen. But wait for her to come and apply so that it will be safe.



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  • amitga
    01-25 11:17 AM
    Govt of India will do nothing to stop harrassment of NRIs at Indian Airport (customs) and we are thinking that they will do something here.





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  • saileshdude
    08-26 03:20 PM
    My I-140 and I-485 was filed concurrently in July 2004. I-140 was approved in October 2004 for EB3-India. In November 2006 I changed employers after I informed USCIS. We received notice in March 2007 to show another approved I-140 as my I-140 was revoked. My attorney replied invoking AC21 and stating that my I-140 remains valid. He attached my own letter informing them of employer change notiifcation as evidence.
    On this we received another RFE in Sept 2007 stating that more evidence was needed in the form of employer letter and my tax returns. We replied to this with all the evidence. Then in October 2007 we received finger printing notice which stated that in order to continue my petition finger prints would be required. The case stayed at Vermont service center.
    In November 2008 the case was transferred to Texas and they transferred it to NBC in April for scheduling an interview. The interview was done this month.
    The officer did not have any clue about AC21 and insisted that I must show another approved I-140 or a letter from USCIS stating that my I-140 is reinstated. My attorney told the officer that processing on my petition was continued after the RFE, the officer went to find supervisor and could not find anyone. We were told that they would get back.
    Today they denied my case on the same grounds that underlying I-140 petition is withdrawn.
    What can I do now? I don't have H1B. How much help the MTR would be as it would go to same office. Please help. I am shell shocked.

    Ok. First you need to find a good attorney like Ron Gotcher or Murthy. Do a few consults. Maybe with murthy herself ($250 or something). Also do consult with Ron Gotcher . I think that is for free. I know of at least murthy and Ron who have been successful in these kind of cases. They should be able to answer your question also regarding whether MTR going to the same office or not. Also if you can, make sure that your I-140 was approvable from the begining. I read a case as recent as yesterday on IV somewhere that if I-140 was not approvable from begining than it cannot be considered for porting purposes for AC21. I doubt that your case is similar but make sure about this.

    Also try to find a litigation attorney who deal with immigration as well as filing lawsuit because if you cannot file MTR then this may be your only other option.

    Also contact the IV people here as well as local senator and Ombudsman Office. I think all this collective effort should get you back on track.



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  • roseball
    10-26 04:01 PM
    DREAM act just got shot in the heart but it's still alive. On September 22, 2010, Richard Durbin introduced the bill once again along with Richard Lugar.
    I don't know what you mean by starting the GC process, you mean file I485?

    As far as I know, your only options to get GC are:

    -- DREAM ACT (which is not something you can control)
    -- Marry a US Citizen (which obviously is something you can consider)

    In the meantime, whatever you do, do not go out of the country.





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  • brb2
    04-05 08:24 AM
    ....If there is so much resistance to the bill in the senate, imagine the resistance that it will receive in the house and the various voting processes that it has to go through.


    I think, passage of Frist bill with no 'guest worker' provisions for 'undocumented workers' or a separate bill altogether dedicated to legal immigration provisions are our safest bets.

    Any thoughts?

    This bill if passed in the senate will NOT go to the house. It will go to the house and senate joint conference committee where a sensible common ground is found. This will save house reps who can say that they voted against amenesty while still having a bill passed.

    The danger right now is that Kyle and others who are against amnesty (that is what even I would call it!) are trying to put in amendments that would be the poison-pill that will bring the whole bill down. It is very likely that no bill may pass the senate. If the democrats try to gain the 51% vote to end debate and vote on the existing bill, the only tool with republicans is to use the fillibuster and then the democrats will need 61 votes to overcome it which they don't have.



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  • pthoko
    08-03 10:02 AM
    Hi,
    I filed for I-485 in July 2007. At that time I had an out-of-status issue. I had discussed the option of going out of the country and re-enter(to have a clean slate) before filing with my lawyer, she suggested going to Canada was more riskier.

    There was a delay in switching from L1 to H1B after H1B and a change of status was approved in Oct 2005. I switched to my H1B employer only on April 1st 2006. So probably was out of status for 182 days.

    Is it a given that USCIS will find this issue?

    I was reading about the 245(k) memo, that USCIS can forgive up to 180 days of 'out of status' since the last lawful entry.
    I haven't gone out of the country since Jan 2005. So still had 182 days of 'out of status' when the 485 was filed.

    I'm planning a trip outside of the country by end of October. My question is that, will my re-entry (using H1-B) and subsequent stay in correct status be good enough for 245(k) ?
    Will my previous 182 days of 'out of status' will be erased and overlooked for 485 purposes?.

    Or did I have to have a clean status at the time when 485 was filed? Re-entry and maintaining status after filing 485 does not count ??

    Greatly Appreciate any reply.

    Thanks!





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  • yestogc
    03-04 10:21 PM
    I am apologetic if my message sent any wrong signals anywhere.
    But Sledge Hammer........... plz mind the words that you write we are all civilized people and need to behave live one.



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  • diptam
    08-20 09:22 PM
    Last months 3 days , this month 11days movement only for I-140 skilled !!

    Looks like NSC staffs are all busy opening July 2nd packets :D


    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC

    That's for NSC.





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  • lord_labaku
    12-03 03:12 PM
    sorry to disappoint you... i dont have quixtar or amway and none you guys can be potential customers unless you are business people who need marketing help in the specific industry that i am in... so - no - i am not going to throw you a sales pitch if you respond with your wisdom...

    Hopefully your attitude is a little better towards actual potential customers, who are business people, who need marketing help in the specific industry that you are in.



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  • Ramba
    07-06 01:23 PM
    Do you guys forget they recaptured used around 100,000 in FY2005.

    They recaptured 130,000 (unused from FY 1999 and 2000) thro AC21 act and used all of them by 2005.

    Therefore from 2001 to 2006 available# for recapture is 101,000, excluding AC21 reacpture.





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  • fromnaija
    07-22 09:24 AM
    You nearly aged out but since your priority date became current before your 21st birthday, you should be eligible to get an immigrant visa. CSPA protects you here. Also they should deduct about four months (period your father's I140 was outstanding) from your current age. This makes you eligible for a visa. See what happens at your next appointment but ask your Dad to talk to an immigration attorney in the US.



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  • zCool
    04-19 10:44 PM
    All of us might have gone wailing in streets and still it would have been the same thing..
    What happened last yr? in a word.. Senator Jeff Sessions from Alabama..
    He's bought and paid for by racist anti-immigrant interest groups and no way he was going to be convinced based on merits of the argument!





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  • sam_hoosier
    11-12 03:44 PM
    Gurus,

    I am on H1B in USA and now I am planning to set up a company in India. Will I be violating any laws by doing this.

    Can I operate the company from USA and still get payed in India. My clients will be paying my company in India.

    Will I have to pay taxes in USA.

    Thank you for your time.

    You can set up a company in India, while you are on an H1B. Are your clients in the US or India ? India & US have a double taxation treaty. If you get paid in India and keep the funds in India, you dont have to pay US taxes on that income. But you will have to pay taxes in India and report in the US.



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  • summitpointe
    09-21 06:44 AM
    One more question:

    When we create a application can we add any member with in the same group. My friend and myself are planning to visit India during the same time. We both are in 8th year extension and work for different companies. Both of us have to get VISA stamped. Can we create in the same application(ofcourse we need to create new application for each one after you create for one person) so that when we want to change dates like prepone or postpone it will be easy for us to modify the appointment date in one click. As dates keep changing every day/hour it will be easy for any one of us to monitor the available dates and change. We can change the dates only once and if we want do it again we need to cancel the appt and create a new one.





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  • chitra
    02-26 01:50 PM
    Phani, looks like you do not know your immigration lingo....read up on it, and if you do not have anything constructive to contribute, please do not contribute at all.





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  • InTheMoment
    08-18 11:58 PM
    So now an actual paper approval is not enough, a missing e-mail is giving you shivers :rolleyes: phew !!


    I dont have any changes to status when I check my 485 case status online but today in the mail i received I797c notice welcoming me as a premenant residence. I am a bit hesitant to celebrate, but am I seeing green?:o

    Raj

    EB2- India [ Oct 2005 @ NSC]
    485 filed Aug 2007





    abhishek101
    10-22 05:29 PM
    let's hope we see something, after 10 years in the GC process I am still 5 years off :( .





    rayen
    12-02 01:15 PM
    Experts,

    My H1B is going to expire soon and I have renew now.. but my lawyer is chanrging as below( Total Cost : 3520 - Lawyer fee : 1400$), is that we can do by ourself or have to go with lawyer.Please advice....

    I have approved 140 and my PD is : AUG 2006 EB2- I.

    STATEMENT OF LEGAL SERVICES


    H-1B visa extension deposit $ 700
    H-1B visa USCIS filing fee $ 320
    H-1B visa AWCIA filing fee $1,500
    H-4 USCIS filing fee $ 300

    Balance Due $2,820

    Thanks, Rayen