Wednesday, June 15, 2011

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  • naveenpratapsingh
    08-17 05:57 PM
    Hi Prem,

    Thank you very much for the insight of my issue. Just want to inform you that my employer(who intitiated the transfer now) are the employer and the client for me. Hopefully I might not get any RFE and as you said if I get the reciept number after 14 or 15 calendar days and update the result of petition in a week or so, that would be great.

    Once again thank you very much for your reply. I will keep posted about my status.

    -Matt

    Did you get the approval or receipt?





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  • waiting4gc
    07-17 08:46 PM
    Some lawyers ask for bank statement and w2s and file I 864 with GC to show proof that you can support your dependents(if you have any). Ideally I 864 is only required when you file Family based GC.

    Some other lawyers similarly ask for I 134 and bank statement to show that you can support dependents. Again this is NOT REQUIRED.

    There is no clarity on what should be done. Each lawyer has his/her own style of filing 485 so if your lawyer asked for it, provide it. If not, don't bother. I know of people filing with and without 864 or 134 and still getting approved.

    yeah why bank statment? My attoreny did say anything about tax return either ? are you sureeeeeeeeeeeee?





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  • rajutata
    03-18 03:40 PM
    Prevailing wage is for your future job after you get your green card. Bonus is paid this year although it was for your last year work and can not be included in your last year W2 and is not necessary also. Sometimes we get paid December months salary in January of the following year and will not show up in previous year's W2.

    It is not a requirement at all.





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  • gcseeker2002
    11-04 03:29 PM
    Also thanks to the sleeping gowda(devegowda) family and congress party in karnataka for being so busy amassing massive amount of personal wealth and fighting with BJP that they gave up any interest to ask for the consulate in Bangalore.



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  • uma001
    11-04 04:44 PM
    The title of the thread is misleading. Please change it.

    Amul


    How to change the title?





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  • ajju
    09-08 12:26 PM
    Dear All:

    Need your advice. Filed I-485 on July 5th. I-140 is approved. Working with the employer for 6 yrs. Now that I filed for final stage, my employer wants me to sign a contract voluntarily that I should stay with them for 24 months. What are my legal options in state of CA? He wants to get 20K if I leave earlier than contract term. I signed it since he threatened me to revoke I-140. Can I backout after portability law kicks in.

    Thanks in advance.

    Check with a good attorney like Sheela Murthy or Rajiv Khanna after 6 months... Until then you really don't have any choice... I am surprised to see that you worked for this employer for last 6 years and this is the state of your relationship... Did he paid for all the legal fees or was it paid by you??



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  • pooja_34
    10-17 09:33 PM
    We never had to tell the IO to do anything. They knew what to do.

    But if some IO tries to keep a copy of the original after the initial time - I would tell them that it is the only original that you have left.

    But we never had that problem to deal with.

    Thanks do I need to specifically tell the immigration officer at port of entry to make a copy?

    pooja_34
    Junior Member

    Join Date: Dec 2006
    Posts: 14


    The only time they keep an original is the first time. After that they never keep the original but return it to you when you return.

    My wife and I only had 2 AP originals when we applied last year and made 2 trips outside the US. So relax and dont worry. You're fine.





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  • julsun
    09-27 11:30 AM
    Did you send two separate checks for 485 or did you combine them into one? How many LIN numbers did you see on the back of the check for 485?

    I had sent one combined cheque for EAD. My company had sent a seperate cheque for 485. I just sw my EAD cheque encashed today and it has two LIN numbers (I presume one for me and one for my wife). Not sure about 485 cheques since my company had sent them.

    Thanks



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  • eb2_immigrant
    03-03 06:39 PM
    I left the job last month as I was getting better opportunity. I gave notice period to my employer and he was being cool at that time but then I did not get salary credited in my account for last month when I called my employer and inquired about that, he said he has some dues invoices to client and can not pay until he gets money from client. Can you please suggest me what should I do in this case? My employer said it will take 3-4 months to get those invoices clear.

    Please see I am on H1B and never been on bench or out of status.

    Generally desi consulting companies work that way with exception to few good ones. I don't see a strong reason why they do that, May be they want to wait and see if they can avoid paying.

    In case of last months pay, desi companies pay consultants when they get paid from the client. This is unfortunately how most of desi companies pay. It makes us nervous and at times ruins the relationship with employer.

    If you believe your employer and think he is genuine, you could wait but on the contrast if he is genuine why wouldn�t he pay you the money which he is going to get any way?

    Before you take any step against your employer ask him when he can pay you and if he doesn�t pay you as promised then I strongly recommend you to contact a lawyer, I am sure desi employer will come down on his knees and pay you. You have a strong case against him.





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  • rally
    07-12 11:16 AM
    But I definitely want to send Condi a letter reminding her of the contributions of the skilled legal immigrant community to the thriving US economy since ages.

    Its because of us skilled immigrants that economy is thriving. Even the US business leaders accept that. We have the skills to setup new companies and create new jobs for everyone.



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  • venky08
    12-20 09:06 AM
    did you get a letter from USCIS to your new address that they have received your address change request?

    i changed my address back in last week of September and got the letter in mid october. i got two separte letter one addressed to me and one addressed to my wife. this letter will ensure that they have your new correct address on the file. you should get one letter for you and for each dependent. also, you should change addresses for each individuals (for you and dependent).

    also keep in touch with your lawyer, they shall recieve one notice for FP alongwith you.

    I called USCIS and created a new service request. Hope they will do it right this time.

    My worry is if this is NOT FP notice, and something else, will it effect my application in anyway since I could not respond in a timely manner due to address change.





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  • pmgthj
    03-14 09:38 PM
    bbct, I filed my I-485 with NSC originally, but it was transfered to local office last month for interview.



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  • rajeshalex
    03-17 11:06 PM
    This is normal. Preliminary processing means all documents are there and looks good. It doesnt mean it is complete. My wifes appln has been moved to MO with same message and I am the primary applicant. I got a mail yesterday saying my appln has been moved to a local office for interview.

    So the above means nothing but it looks good.





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  • srinivas72
    02-03 09:53 AM
    Some please respond about my status...



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  • gc_chahiye
    10-17 03:32 PM
    10/17/2007: EAD and Impact on H-1B Status for EB-485 Applicants in H-1B Nonimmigrant Status

    The issue of impact of the EAD and Advance Parole on the nonimmigrant status of I-485 applicants is governed by the old INS memorandum of Michael Cronin, Associate Commissioner, in May 25, 2000. This memorandum clarified two points on the impact of EAD and AP on the 485 applicant's H-1B nonimmigrant status as follows:
    Application vs. Use of EAD or Advance Parole: Applying for and obtaining approval of EAD or Advance Parole does not affect the 485 applicant's "nonimmigrant status" including H and L. However, once the alien starts work using an EAD or travels on Advance Parole, the alien is considered no longer in a nonimmigrant status including H and L.
    Impact of Using EAD for Another Employer Using EAD: The memorandum states: Question: If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status? Answer: Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.
    Unmarried H-1B professionals in I-485 proceeding should seek legal counsel before they attempt to go into an open market seeking employment using EAD.

    Source:
    www.immigration-law.com

    interesting. but it still does not answer one question: What happens if you continue working on H1B for primary employer per guidelines of I-129 petition (ie. 40 hours a week) and then use EAD to work part-time for someone else.
    Does that 'kill' the H1 petition? MOst lawyers say it does, a couple of them say it does not, since you are fullfilling all your I-129 requirements with your primary employer





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  • sumanitha
    12-16 06:53 PM
    Not to question you or something, my understanding is that, you can file a 7th year extn based on I-140 .. Has the rule changed?


    File an H-1B extension while the PERM appeal is pending, asking for one year extension beyond the 6th year. It will be approved with proof of the pending appeal. Then, file a prepare a new PERM filing, withdraw the appeal, and file the new PERM case. With LUCK, you will be able to get the PERM approved and Premium Processed the I-140 before the termination of the 7th year H-1B.

    Best regards,
    Charles



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  • gcisadawg
    07-11 01:03 AM
    Kudos and Hats off to the originators of this idea and hundreds of members that sent flowers.

    Check this site!
    http://news.yahoo.com/s/nm/20070710/pl_nm/usa_immigration_indians_dc_1

    Check the statement from USCIS Director Emilio Gonzalez..

    Message from USCIS Director Emilio Gonzalez

    I understand that individuals are planning to send flowers to U.S. Citizenship and Immigration Services (USCIS) beginning on Tuesday, July 10. USCIS has made arrangements to forward those flowers to our injured service members recuperating at Walter Reed Army Medical Center and at Bethesda Naval Hospital.

    Thank you guys for the creativity shown here!





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  • H1Girl
    08-30 11:07 PM
    You cant file H1 on your own. You need ur employers signature on it and ur employer has to file the petition. Even if you beat all that it is still very very risky to file on your own.

    I strongly discourage the word "Attorney" for everything. Just because of memebers like kriskris these Attroney's are living lavishly. What the heck these Attroneys know that we don't know. Don't we know how to write our names? Don't we know how to fill an application form? Please stop saying "Attroney" for everything. These are not complex things. Please note according to one survey 70% of Americans don't know how to fill Bank application. Attroneys are just making the money out of this situation.

    Yes, I agree Attroney's are required for quite complex things..but not for H1 extension, I-485, H1 stamping etc etc. Glad that we could able to eradicate Attroney culture completely for H1B stamping. I eagarly look forward the same situation to applying for H1, I-485 etc in the future ...

    Please help above member how to apply H1 extension if you know..Please stop using the sentence "Contact your Attorney".





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  • gconmymind
    09-12 06:00 PM
    Hi,
    I am applying for AP Renewal for myself and my wife. Can someone please send me the information on the following.

    1. AP is expiring on September 20th. Can I file even after the expiry of the AP?
    2. I am in AL.So, I need to be sending the application to Texas Service Center. But I am confused on where to send the documents? I will be sending by FedEx or UPS?
    3. When I prepare the documents, do I enter Part 9, Signature of person preparing the form, if other than the application?
    4. Last year our attorney filed the application and I have a copy of that application. I see "Notice of Entry of Appearance as Attorney or Representative" form. I am sure I dont have to file that now but do I need to do anything so that I get the receipt/approval notices instead of going to the Attorney Office?

    Thank you.

    I found paper filing easier than e-file. Even with e-filing, you still need to mail your pictures.

    1. You can file AP even after the first one expires. But I filed for renewal 3 months before expiry.
    2. AP form has the TSC address. I used USPS.
    3. If you are the applicant, what is the need to sign Part 9? It is self-explanatory.
    4. There is no Notice of Appearance form if you are representing yourself and doing a self-filing.





    rbharol
    01-20 02:48 PM
    This was expected.





    baburob2
    10-07 08:11 PM
    My son is a US citizen/passport holder and we are planning on applying for a PIO for him at the SFO consulate. I have the following questions on how he could use the PIO card

    1. How can he use the PIO card to enter and exit India?
    a. Does he simply show the PIO card, US passport to enter and exit India?
    2. Incase if the PIO card processing takes a lot of time I know that he can apply for visa. I was wondering anyone has experience on how visa could be applied if PIO processing takes a long time at the SFO consulate.
    a. Do they return the PIO application and its supporting documents before visa could be applied?
    b. Should a new visa application+visa supporting documents need to be resent for getting a Indian visa?



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