Friday, June 24, 2011

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  • sk.aggarwal
    05-22 11:26 PM
    This is because, you dont need to file two I-129s. Don't worry, USCIS hope fully will give you one year+ 4 days extension... provided you have client letter for such.

    BTW, last year, I specifically asked my attorney, if we need to file two h1s - one for recapture and another one for 7th year extension. And she told me only one is enough...





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  • bitu72
    10-03 12:36 PM
    would like to know can you transfer H1 based on a copy of H1 and no pay stubs... later on sending a letter from DOL saying they did not give pay stubs timely...





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  • vin13
    03-09 01:20 PM
    Just in-case one gets layed-off and has an EAD, can that person buy a 7-Eleven or a Gas Station?
    Can the EAD holder actually run the gas station/7-eleven by working/being present there? (Maybe he/she can work there and take all the profit but no salary).
    What happens if there is an RFE asking for proof of employment during this period?

    You will have to persue your gas station business parallel to your GC job (or similar job if you are using AC-21 portability).





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  • mhtanim
    06-08 02:44 PM
    Wow...another LUD today. So far this is what happened: after sending RFE response, I got 1st LUD on 06/02/2009 with message change.

    Soft LUDs on: 06/03/2009, 06/04/2009, 06/05/2009, 06/08/2009

    My PD is not current and my application cannot be approved at this time. Not sure why I am getting so many LUDs.



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  • omved
    08-14 08:38 PM
    Thanks Krsk,

    My current AP expires on October 15th. So if I apply for AP renewal now, and the go out for H1B stamping in September. Lets say if for some reason my H1B doesn't get stamped/denied, and meanwhile I try to come back in USA on my current AP - Would this be a problem at POA..IO may cause problem that I don't have valid H1B and AP renewal is pending, and on the top - my current AP expires within next few weeks..

    What do you think..??

    Om





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  • ameryki
    03-17 04:30 PM
    I don't remember immi status even coming up during mortgage appli!



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  • GCaspirations
    09-21 10:39 PM
    My case was also transferred to CSC. The transfer notice has a different receipt date than the receipt notice. MY case is now transferred back to NSC.
    I would like to know if anybody of you have received finger print notice. I have not received it yet.





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  • baburob2
    05-30 08:16 PM
    make sure you do the transfer to H1B to Company B before Company A revokes the I-140 to be on the safer side and get the 3 year extension. Then you could transfer the old PD on to your new GC you start with company B.



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  • FinalGC
    10-24 11:19 AM
    I had applied for a ITIN for my parents about 4 years ago and I was able to claim them as dependents since they stayed in US for more than 90 days and additionally I was supporting their welfare and expenses. IRS did accept my application, but I can do this only in the year they are physically here.

    Check Pub 501 page 14 onwards....the key is you need an ITIN # for them....also see page 19, where it says non-resident parents can apply for ITIN, if not eligible for SSN

    I have couple of friends who have claimed like this....

    if this is the first time you are applying, then you will need to file a paper copy of your taxes and send to IRS Phily and then they will process your taxes for next year....





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  • skp71
    07-16 06:14 PM
    My lawyer says that her status is AOS from nowonwards. Even I can change job, that dosen't cause any issues for her 485, she says. What do you guys think? I want to change job. Also, I have read from some other forum, it would be good to work for the sponsoring company for 6 to 1 year after get the gc.

    got it, sonu. Thanks; clear as water now!

    skp71, please treat the posting by Sonu as the final word on your case!; However, as he indicated consult your attorney becuase there may be additional details of your case which may not know while providing you feedback.



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  • vijayfx35
    03-02 06:16 PM
    Hi,

    I've been an infrequent visitor to this site in the past, but it has helped me substantially especially when I've been frustrated with the GC situation - I feel the need to share this, hoping that it might help others. I'm posting in this forum because this is the place people tend to ask questions of lawyers. I'll try to keep this simple so that its easy to understand.

    Me: EB2 PD March 2005 for first job. I-140 approved 2006. Promoted to different tile in 2007 Jan, second EB2 filed in March 2007.
    Wife: EB2 PD Feb 2007.

    During the 'fiasco' of 2007, because I did not have an approved PERM for my new job title, we filed for 485's and 140s through my wife with me as the dependent (Having an AP is worth it when traveling overseas, especially if you anticipate traveling for emergencies and don't have the luxury of checking in for an appointment with the consulate to get a visa renewal - also removes the stress of another interview). Neither of us applied for EADs because we were more secure on the H1 visas - your status is immediately screwed if you switch to EAD and your 485 is denied.

    In 2008, I received an RFE on my 2nd PERM application (which was addressed by my company - I have no clue what it was about). In 2009, I received an RFE on my 485 application through my wife, we replied to it through a very good lawyer.

    Last year, my original LC PD became current! However, our 485s were tied to my wife's application. After speaking to many lawyers, we understood that there were the following options:-

    1. Withdraw the earlier 485s, file completely new ones based on my PD (supposedly the safest from GC point of view, because it leaves no room for confusion. Downside is processing time, app getting lost, losing AP/EAD from earlier 485 etc)
    2. File another completely new set of parallel 485s, and leave it to UCSIS to figure out that they needed to pick one with the earlier PD (overkill and confusing as well. UCSIS now deals with 4 485 applications, and chances that they will get confused magnify. High processing time as well)
    3. Send a letter requesting that the 485 applications be reviewed based on my PD as opposed to my wife's. (Upside is that its potentially the fastest, is approved by the UCSIS, and you can track it by calling up. Downside is that they may simply don't respond because its not really a legal document that's being sent. Then you get stuck just running for Infopass, SR, Congressman etc)

    I have to say that choosing the right lawyer to handle your case is possibly the most important thing you can do. What some of us don't know is that while the earlier stages of the GC process are applications made by the company, the 485 application is an individual application, and you are legally allowed to do so through any lawyer you wish to. In our case, we chose the law firm we trusted, even though it was more expensive. They recommended option 3, and we went with it. That was 4 months ago.

    On Saturday (2/25) we received email saying that the card were in processing. This afternoon we got our cards in the mail - a nice surprise.

    Moral of the story:-

    1. Do your homework, get multiple opinions - no one will care about your GC app like you do.
    2. When you move and update the AR-11, make sure you update the address for pending cases as well - this will ensure they mail your GC to the correct place.
    3. Don't do anything illegal :)
    4. Hire the best lawyer you can if your case is not straightforward. Our lawyer was always willing to talk to us at a few hours notice, was very prompt, and was proactive in checking up on UCSIS updates, bulletins etc.

    Best wishes.





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  • mvinayam
    08-12 11:07 PM
    On 2nd July, what time was your i-485 application received at NSC?

    Hi,

    My application reached NSC on july 2nd 10.25 am & the LUD on my I-140 was changed on July 28th still no receipt notice or the cheque got cashed. No idea whatz going????

    So I guess the LUD change is nothing relevant to I-485 filing.

    Thanks & Regds
    MV



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  • pappu
    03-27 12:08 PM
    IV can contact this organization since they have contact with media and have done research on immigration

    http://www.epic.org/epic/board/burnham/

    http://trac.syr.edu/tracdhs/index.html





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  • fatboysam
    05-17 12:39 AM
    I am a software engineer and i do not find my occupation in this list. There is one but it's only for managers. Does it mean i am not eligible by any means ?



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  • Kramer212
    05-12 10:58 PM
    The Swarm is very cool very organic feeling. I love the delay before you get swarmed





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  • gsc999
    07-15 08:23 PM
    I know we have to do a lot of work to get coverage but I was just saddened at the behavior of the bigwigs. They know the news and yet chose not to report it.
    ---
    - All the local Chinese newspaper carry this event on front page
    - We were on local KTSF TV, thanks to help from our Chinese friends
    - We were local KTVU 2 TV channel at prime time
    - We have been covered by local print media like Mercury news
    - We have interviewed with local radio stations
    - We had reporter from Associated Press cover this event
    - BusinessWeek wrote an article about us

    Mind you this is Silicon valley not some countryside suburb in America.

    I encourage you to collect these links and post them in the existing San Jose rally thread so people understand the real breath of media coverage that this rally actually received. Our volunteers are too exhausted from yesterday's event your help will be appreciated.



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  • anuh1
    03-11 09:16 AM
    My PWD was also requested in first week of Feb but still waiting to get.





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  • looivy
    10-05 12:05 AM
    He needs to wake up and look at the plight of legal immigrants.

    VIA The New York Times

    "Although President Obama has put off an immigration overhaul until next year, the federal agency in charge of approving visas is planning ahead for the possibility of giving legal status to millions of illegal immigrants, the agency’s director said Thursday.

    “We are under way to prepare for that,” Alejandro Mayorkas, the director of the agency, the United States Citizenship and Immigration Services, said in an interview. Mr. Obama has told immigration officials that a legalization program would be part of legislation the White House would propose, said Mr. Mayorkas, who became director in August. The agency’s goal, he said, is to be ready to expand rapidly to handle the gigantic increase in visa applications it would face if the legislation, known as comprehensive immigration reform, passed Congress."


    Continue reading (http://www.nytimes.com/2009/10/02/us/politics/02immig.html)



    More... (http://ashwinsharma.com/2009/10/02/president-obama-advises-uscis-to-prepare-for-possible-legalization-legislation-in-2010.aspx?ref=rss)





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  • ivgclive
    03-11 01:05 PM
    Hi, For some reason, their employment based insurance rejected their pregnancy coverage. Do you have a link that show that pregnancy is NOT a pre-existing condition in group insurances (Law website or any links?)

    her pregnancy is sometime around 6 months now and they will need insurance..

    Thx for your help :)

    Frequently Asked Questions about Portability of Health Coverage and HIPAA (http://www.dol.gov/ebsa/faqs/faq_consumer_hipaa.html)

    Find out the reason why that "Employment Insurance" rejected the coverage.

    My wife was enrolled into my employment-insurance only at 7th month (2006), she did not have 'pregnancy' coverage in her previous insurance. She was covered fully (from 7th month, I paid for the scanning, blood test etc, which was a total of around $1500 till then) for my second son.

    Other options are expensive, will cost at least 10K-12K if you want to pay out of your pocket.





    spicy_guy
    03-28 11:45 PM
    If you are on H1 and employer is not paying weather or not you are on bench, you must report that to DOL. There is a form w-4 (I don't exactly remember the form).

    Employee must be paid ALL THE TIME on H1. Period.
    That's the law.

    Problem for you is, technically you will be out of status if you are not paid.





    gcgreen
    07-07 05:07 PM
    I do not know authoritatively if this is so. But logically speaking, I see no reason why not. Asking a CPA is probably the best way to go if you really want to do it only the withholding route. Many times a CPA will give you this advice free of cost. Also you can ask the tax guy at bankrate.com or some other online source where some tax expert answers questions.

    The way I see it, as far as IRS is concerned, by the deadline dates, they expect to receive the right amounts of money. Withholding is one way, estimated taxes is another.

    Also, one thing I forgot to mention in my previous post, make sure you also pay for her social security, medicare and state tax.

    Social security is 12.X % and medicare is 1.5% (please verify from authoritative source), so setting aside 14% for this is a safe thing to do.
    CA state tax is 9.3 % (again please verify because this varies based on your combined income)


    As we file our taxes jointly and hence instead of making advance payments/estimated tax payments quarterly, cant I just have my employer(w2 based) withhold more money from my paycheck every month?

    Would this extra payment through this channel suffice for the purposes of estimated payments?



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