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  • augustus
    05-13 08:25 AM
    Thanks to all of you! Such a wonderful discussion.

    So now can my husband port his PD as well? How does the priority date swap? What process have people gone through to do this effectively?





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  • kawosa
    08-19 12:53 PM
    Yep, just passed level III , today. Now will start applying for the charter.

    you must be a happy man today! congrats again.....

    I got my charter in 05.. but still remember the day i got my results... one of the best days of my life..

    I really havent used it much though other than sponsoring my students for level 1. so what area of fin you in?





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  • chi_shark
    06-29 07:42 PM
    As per H1B you cannot do this.. the second job will be illegal

    you can do it... you have to file an addtional H1... its just like the regular h1 except it is for part-time work... dont know any further specifics...





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  • md2003
    08-30 01:06 PM
    Just show whatever w2's and paystubs you have . Later on if you get another RFE saying that they need 1999 w2's etc.. then you can always tell them you don't have. No need to lie.

    As long as your status is good after your recent entry you will be ok. No need to worry about 1999 or 2000 period.



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  • JunRN
    11-05 08:57 PM
    Yes, you can attach your spouse even after approval IF the PD is current. If there's retrogression, and PD is not current, you cannot do that.

    However, for "follow-to-join", PD needs not be current. That's what I know. Please correct if wrong. And "follow-to-join" is via Consular Processing, so needs to go back home.





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  • Alabaman
    09-17 02:27 PM
    We do not want to associate ourselves with family immigration or H1-B visas any more than illegal immigration.
    I agree that we should be dissociating ourselves from anything that is controversial, that includes illegals, H1-Bs, and ....

    I never knew IV was against H1Bs. Is IV only for people that have filed a petition for GC? Why is it then that one of our publicity drive is to recruit students still in school on F1?? Aren't they going to get an H1B before even filing for a GC?? Am I missing something??




    Immigration Voice
    Working for reform in legal immigration
    or
    A voice for legal immigrants


    ....better still:
    Immigration Voice
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  • sands_14
    07-26 10:55 AM
    i guess it wa





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  • cat555
    07-09 12:20 PM
    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?
    Am I going to get any tax benefit now?
    Why not he deducted single penny in last 2 months before I left?
    I didn't sign any paper to pay him back over a period neither did he come up with any plan.

    All this proves that he agreed to waive off while I was working for him.



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  • Sakthisagar
    05-03 11:32 AM
    Yesterday on CNN, State of the Union programme Candy Crowley asked Sen Charles Schumer what is next? Energy or Immigration.

    He replied with a hearty laugh. Well I don't know. we need to wait.

    I think no one is serious about Immigration bill now.





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  • hi4signs
    01-22 08:54 PM
    I just found out that I have an employment gap of 11 months working without authorization. I applied for an I-485 in 2007 (I-140 approved) and my paralegal told me I didn't need to renew my H-1 nor apply for EA, I was covered by the pending I-485. Today I got a RFE requesting proof of authorization to work since my h-1 expired, and realized I couldn't be working when I hired a real lawyer to take care of this case and she informed me so. How to respond my RFE??? Would they forgive 11 months of working without permit because of bad advice? I have a 9 year history of keeping my papers legal and up to date until this incident. Please help!



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  • kevinkris
    07-31 04:50 PM
    Why do you need to go to Canada ? If your you have I797 you are approved and can start working with adjustment of status. Am I missing something ?

    Hi, I am planning to goto india and i don't want to visit US Embassy in Chennai as i am working for a small consulting company. They will ask so many things.
    I hope canada will be smooth.

    My question is if US embassy in Canada don't want to extend my H1 will they cancel my current H1? Can i re-enter USA?





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  • cbpds
    04-28 02:51 PM
    The Financial regulation bill will go thru for sure, both Dem and Rep parties favor it, however the REP party is trying to resolve certain differences before bringing it to the table.

    Both parties cannot afford to be seen as party of Wall street during nov elections.

    this is how cir will end..... with a procedural vote -
    Financial regulation plan fails first Senate test - U.S. business- msnbc.com (http://www.msnbc.msn.com/id/36770907/ns/business-us_business/)

    bet $100?



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  • valatharv
    07-15 02:39 PM
    I filed I-485 in Nov. 2007 and waiting.... :(

    Problem is I noticed that name of my father in my passport is reversed example it shows <lastName> then <FirstName>.

    But in my birth certificate it is vice versa <FirstName> then <lastName>....

    I got the RFE in July 2009 for my date of birth certificate which I have provided to USCIS mentioning father name as in my birth certificate i.e. <FirstName> then <lastName>.

    I renewed my passport in April 2010 and corrected father name, but in all the old forms before RFE, my father name shows as <lastName> then <FirstName>.

    Will it be issue, I am frustrated and worried on what to do, is it going to have major impact on my GC processing as all the forms I have submitted to USCIS and my passport have my father name as <lastName> then

    <FirstName>.

    Please suggest I am very worried...

    Thanks





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  • chanduv23
    11-19 03:36 PM
    Looks like this is the system that USCIS has been saying they are working on to identify pending cases.

    Now, what if your case is pending and your Attorney is not a AILA member or you do not use an Attorney?



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  • H1bslave
    06-27 02:28 PM
    You should be perfectly fine as your joining date is 11/27. The first payday could take more than 30 days in many organizations and its a common practice.


    For USCIS: It is perfectly fine argument that your first pay day falls in 2008 because of account/payroll setup.

    For IRS: Their calculation starts when employer issues a pay check (pay day) with in same month they need to receive their (cut) taxes reagardless of what was the pay period.

    I run payroll for my company and can provide insight, PM me if you have more questions.

    Take it easy & Enjoy your weekend :D




    I started work on 11/27 and that has been reported as the official start date. We will be talking to the lawyers next week to clarify all these issues. To my knowledge, I should not get a W2 as I did not get paid in 2007. Those wages should appear on my 2008 W2.

    Outside of this topic, I have a question. Will I be eligible for the economic stimulus for 2007 if I did not get my W2 ? My husband will be filing the tax return (as joint) but he will not be able to enter my W2 information.

    Thanks.





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  • starseed
    07-21 05:12 PM
    Update - and I apologize if this is lengthy, but if any small part of it is helpful to someone else, I won't edit details.
    When I got thru to TSC today, I had a really (I mean REALLY!) rude IO! When I explained I'd like clarification about what I was told "previously" (yesterday) that my Biometrics and Photo ID not showing was what was potentially keeping my application pending, she snapped that really I want a case status and need to call the NCSC. She did say that I must not enter my case # and enter phone options 1, 2, 3 and then get the Customer Service rep. to institute request for more information. So I did this.
    The NCSC rep I got (Giselle, 649713) was extremely helpful and pleasant. I explained my situation and she agreed that it warrants a request for investigation/further information. She said normally they wouldn't do it because my Received Date of 8/1/2007 was outside of normal processing.

    [I've never read explanations on this which were crystal clear about what it meant. So in case others might be confused about it "inside normal processing" means your I-485 Received Date + 30 days. So since TSC is around the (published) 8/23/2007 Processing Date, mine would only fall within normal processing once TSC reaches 8/31/2007 Processing Date]

    Rep took all my receipt, etc. details and contact details and read them all back and said I should be contacted within 45 days (standard, I know) via one of the contact mediums - phone, email, mail. Blah, blah - that's all probably completely standard, right!?

    Now the interesting thing I noted in the Confirmation # she gave me is that it is suffixed at the end by VSC.... which is obviously Vermont. It could just be an administrative thing because my stuff originally went to VSC then transferred to TSC?? Or could it mean something more than that? Considering the transfers were a mess.....

    p.s. in addition, I have moved from East Coast (hence original VSC) to CA - with same company - so I don't know if/how geographical move affected anything. I did confirm with local office IO and TSC IO that they have the correct address on file.

    Regardless, the satisfaction (??) I got from this recent fiasco is that it will actually force someone to look at my application and hopefully correct something if it is amiss. Might be wishful thinking on my part, but it means someone has to LOOK at it, instead of me feeling like my app. is just sitting gathering proverbial dust when something was supposed to have been actioned. And perhaps get at least a pre-adjudication thru as a result......



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  • adreg
    06-05 08:41 AM
    My last annual H1B extension ritual (8th year) took 10 months. The corresponding H4 extension was approved in 1 month though. No RFEs etc. Go figure :)

    I am gearing up for this year's ritual again now -- hope its less than 10 months this year ..





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  • tinkugadu
    07-04 10:06 PM
    If your H1's job requirement is a bachelors degree, then they cannot reject your H1 stamping.

    When i changed from F-1 to H-1B, my employer filed my I-129 as if i had a Masters, then i changed employers , my second employer filed my I-129 under my Bachelors only. There was also a gap of my H-1 Activation and F-1.

    For the semester starting august i did not pay the fee, since my H-1 was approved an H-1 was Active from October.

    i think my approval will depend on my Visa officer nad i will try my luck in dec and i am planning to go to canada for my stamping and in any case i get it or not get it i will fly to india from canada.

    i will also talk to a lawyer before leaving to stamping regarding what will happen if cant come back to US in 4 months, regaring what happens to my credit and loans if my stamping gets rejected.





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  • ilikekilo
    05-27 12:22 PM
    When did they say they have repealed AC21? Is this true?

    Regarding (6) above, it is not 10K, more like 5K.

    form immigrationlaw.com

    Final Version of Sanders' Amendment of H-1B Supplemental Fee and American Student Scholarship Fund as Passed

    The controversial Sanders' amendment initially was passed in the Senate last week which imposes $3,500 (or $1,750) for a supplemental fee for the American Student Scholarship Fund. The supplemental fee is added to the current fees that include $1,500 (or $750) ACWIA fee, $500 fraud prevention fee, and $190 H-1B petition (which will in itself increase substantially when the fee increase regulation is implemented). Go figure! The text of the final amendment is as follows:
    SEC. 713. SUPPLEMENTAL FEES.
    Section 214(c) of the Immigration and Nationality Act (8 U.S.C. 1184(c)) is amended by adding at the end the following:``(15)(A) In each instance where the Attorney General, the Secretary of Homeland Security, or the Secretary of State is required to impose a fee pursuant to paragraph (9) or (11), the Attorney General, the Secretary of Homeland Security, or the Secretary of State, as appropriate, shall impose a supplemental fee on the employer in addition to any other fee required by such paragraph or any other provision of law, in the amount determined under subparagraph (B).
    ``(B) The amount of the supplemental fee shall be $3,500, except that the fee shall be 1/2 that amount for any employer with not more than 25 full-time equivalent employees who are employed in the United States (determined by including any affiliate or subsidiary of such employer).
    ``(C) Fees collected under this paragraph shall be deposited in the Treasury in accordance with section 286(x).''
    Initially it was proposed to charge $10,000!!!





    kanakabyraju
    08-18 01:46 PM
    Recently received interview letter, scheduled for Sep,3rd.

    1. My interview time is 8:15AM and my wife has at 8:45AM. Does it mean we should appear separately or can we go together?

    2. Is I-140 approval copy required? Interview letter does not say anything about it.

    3. My attorney is not coming since he is too far from my place. Can I take any local attorney? Does it require applying G-28 again?

    For 1. It happened to me before and I have requested the officer to consider my wife's interview too with me. In my case, wife's interview date was next day and the IO agreed.

    Good luck with the rest.





    ysiad
    08-11 06:18 PM
    why would address change delay processing ur 485? This is the most ridiculous question ever asked. Inviting panic, for the heck of it....

    just make sure u have some overlap where u can receive mail on both addresses just to account for uscis delays in address update....they r not going to penalize u for moving.
    Well, I read someone said if you change address, USCIS might think you changed the job and give you a REF. That might casue delay... Since I don't know how the process work, just want to make sure this will not happen.



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