Sunday, June 12, 2011

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  • nitkad
    04-15 01:17 PM
    This tax issue does not seem like part of "All other Green Card Issues" under which it is started.

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  • GreenCard_Soon
    01-02 12:48 PM
    Guys, I am in the same boat with my passport expiring in 2007. I will have to get a new passport since the current one was already valid for 10 years (issued in 97).

    Does any one here have any experience / ideas on how long it takes to get the new passport from the consulate here ?

    Thanks !

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  • rama0083
    03-07 12:31 PM
    People keep talking about RFE and LUD (soft LUD, hard LUD). Can someone explain what these are and what do they signify? I have my EAD, AP and my 140 is just approved. I have already passed 180 days after the filing of 485. If I change jobs can my employer still revoke my I-140 and harm my 485? These may be repeated questions but I am new to the forum .. and I m unable to get specific answers.

    Thanks in advance guys.

    If your I-140 is approved then the employer cannot revoke anything. You are completely free, under AC-21, to change employers. It is the situation with an unapproved I-140 that is ambiguous.

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  • sgorla
    05-07 07:47 PM
    DOn't be panic, but I would suggest you not to go to Canada/Mexico for stamping. I heard through my friends that there is always a risk to deny visa stamping from Canada/Mexico, and the consular officer might ask you to apply your visa in your home country.

    I lost my passport, which had F1 Visa, and chose to go back home and apply for H1B visa. Consular officer at Chennai Consulate asked copy of student visa and police report stating that my passport was lost/stolen.


    To my horror, I accidently lost my wife's passport, i am such a stupid...She had the stamps for F-2 and H-4.

    We have police report for the lost passport.

    I already checked Indian embessy's website, they have instructions for duplicate passport.

    My question is what happens to the Visa stamps. Does she have to go back to India to get it stamped? Can she go to coutry's like Canada and Mexico to get it stamped? would that be very difficult to get a new stamp?

    plz help..



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  • svennela
    01-22 06:10 PM
    Thanks a lot..

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  • PD_Dec2002
    07-07 09:49 PM
    I have described my situation below. Can someone please tell me if they have ever encountered this and what is the best avenue to take?

    1. My LC was sent back to me on Tues (after 4 years).
    2. It was neither denied nor approved. They said that I did not make at least 95% of prevailing wage rate.
    3. I am currently a little less than that if I can take into account all bonuses etc.
    4. The company's immigration lawyer (outside counsel) is saying that if I think that I will probably meet the wage rate threshhold by the time entire GC process is complete, then it's OK to amend LC and say that, "Yes, I am making that much money".
    5. Else - other option is to challenge the DOLs definition of prevailing wage rate.
    6. Company lawyer/HR (I don't think any of them have any immigration law background) are all confused about it. They are not sure whether I can take bonuses into account. If I don't - then it is less likely that I wil reach prevailing wage rate at next review.
    7. Also - they are uncomfortable saying that I WILL meet PW. I guess they think that I will hold them to it and then just slack off until my review.

    What should I do???

    I only know the answer for Q6. No, you cannot take bonus and other perks into account to calculate your total compensation or wage for DOL. The DOL wage has to be the annual salary that you will shown in your pay stubs.



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  • solaris27
    05-31 05:42 PM
    how can any h1b visa holder own 33% in LLC .

    I thought in LLC all members should be GC/Citizens only .

    Please clearify .

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  • priya9178
    01-10 11:04 AM
    Thanks Y'all for the inputs !
    Iam going to Houston tomorow for getting my fresh passport, hope I get it in couple of hours so that I can go to French embassy and get my transit visa too. :(


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  • scubadude
    May 27th, 2005, 09:04 AM
    The background are the bleachers, and the white blob in the upper right is the white T-shirt on another spectator.

    I see what you mean, though. It will give me some things to play with as I continue to explore Photoshop.

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  • Madhuri
    01-27 05:13 PM
    All the threads related to contribution are so dead. It's the hard and sad TRUTH that after so many requests, people don't want to contribute....moreover they are fighting with each other. BRAVO skilled immigrants. If only 'some miracle' happens, people might consider contributing.

    Today I need to travel back to India for emergency reason. I had a ticket available, but could not start since I need to book appointment for visa stamping. It will take at least 3 more days. I wish I had AP. I know everybody living here has to go through this some time in their lives, they can not be with their loved ones when it's warranted.

    Guys please wake up and contibute....time is running out fast. Our future is in our hands, nobody is going to help us.


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  • vishwak
    08-05 02:14 PM
    I think he should consider awarding citizenship to LONG waiting GC applicants. :D

    Nice one.....lets wait and see.

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  • eagerr2i
    08-29 04:11 PM
    I had asked this question to the immigration lawyer at IV. She said that if you are working for the same company at their offices aboard & go for Consular Processing ( it is the only option as you can not go 485 route) it should be just fine. However, if the company that you are working for when you are abroad and the company that did your GC are not the same thenit is almost impossible to prove that the job exists when you arrive in USA after CP.


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  • ek_bechara
    05-14 12:02 PM
    If you don't know something please keep quiet. Don't spread nonsense rumors. First of all the primary GC applicant is not affected in anyway. Spouse GC will show up anywhere between 7 to 12 months depending upon how the documentation is done.

    This might delay your GC for another 2years. Mainly due to security concerns after 9 / 11. Better option is to get your GC and then apply as family. Will take at least 4 to 5 years.

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  • gc_kaavaali
    08-12 02:21 PM
    That seems to be true. I had infopass appointment yesterday. IO told me samething. He told me my NC would be cleared by November this year(Because USCIS planned to clear out all NC pending cases for more than one year by that time). God only knows what is happening!!!!

    I talked to an IO at TSC couple of days back and she said 180 day rule does not hold yet, it starts only after Feb 09. And that my 485 can only be processes if NC is cleared (yes mine is still pending, wondering why :confused:).

    PD Sep 05.


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  • zCool
    04-02 11:26 AM
    You are kidding!
    USCIS can't keep track of applications they receive..:)
    Every document they want they "REQUEST" from you.
    W2, paystubs this is basic stuff dude..
    If you don't have them, there's less certainity.. but this is funny process, people have gone thro' easier on lesser evidence.. !So nothing is a dead-ender if you are lucky..
    In normal cases though.. I think IF (and that's a big IF) you get an RFE, you will have hard time proving A2P but then again maybe your employer is big and has enough profits etc to prove A2P .. so don't loose heart.. but I would advise to just change to a good employer instead of working in this messy situation to get 1 or 2 yrs advantage on PD

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  • I_need_GC
    07-25 04:07 PM

    I'm looking for some answers for my wife's visa issues. I'm on H1B (valid until 2010) and she is on OPT (Valid until Dec 20 2008. F-1 visa expired May 2008). My PERM labor is in process and we hope to file for I 140 and I 485 and EAD concurrently by September/ October 2008. My lawyer says that we can file concurrently because my wife's country of birth is in Europe.

    Now the questions:

    1. Is it okay for my wife to apply for EAD based in I 485 while on OPT with expired F-1 visa? Is there a requirement that wife has to be on H-4 to apply for EAD based on husband's GC application?
    A. Singh

    She can apply for adjustment of status EAD I-485 she does not need to have H4 to apply for adjustment under you. She is not out of status because he status in the US is currently OPT even thoug the visa itself might have expired on the passport.

    2. Also read on some forums that Wife's F-1 OPT will be invalidated as soon as her I 485 application is recieved. Is this true?
    A. Singh

    It will not be invalidated. Her status will change from F1 to Adjustment of status. You can legally stay in the US while your I-485 is pending and travel using AP or work using EAD.

    3. EAD approval takes 3-4 months on average. So if she doesn't recieve her EAD approval by December 2008 (Dec 20 2008 her OPT expires) she will be out of status. Should we apply for H-4 so that she doesn't become out-of-status?
    A. Singh

    In my opinion you don't need H4, but to be safe in case the I-485 gets denied then she will be out of status. Legally she can stay in the US while her I-485 is being processed that is one of the benefits of I-485.

    4. We expect that her EAD approval will come by Jan/ Feb 2009. There is a 2 month gap provision that foreign nationals sometimes use to change their status. Is it a safe bet to avoid getting her on H-4 and use the 2 month gap period?
    A. Singh

    Yes the 2 month gap provision called 245q protects you against 2 month of illegal work or stay. But in my opinion she will not be out of status in this situation after filing I-485.

    4. How much does applying for H-4 cost? I'm simply expecting a range of sorts.


    A. Singh

    I don't know the current fee you can check the uscis website.


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  • gcwait2007
    10-21 10:29 AM
    Great Work Ashkam. Please accept my appreciations.

    Do you have any similar 'SOP' for I-140? I googled and could not find one.

    If you have one for I-140, can you pls post the same?

    Thanks in advance.

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    11-28 11:55 AM
    I also see a LUD 11/25 on my both approved I140's EB2/EB3. I have only used EB2 to file 485, so my guess is its a system wide LUD, some maintenance program running.

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  • americandesi
    11-01 12:32 PM
    I just received my H1B starting Oct 1st. My desi (cheap) employer first decided to not pay me till Oct 15th because I didn't have a SSN. Then after my SSN came they decided that they wanted to reduce my salary, the reason being that the company's economic situation has changed since Jan filing.

    I am concerned because I am going for my visa stamping in March and the last thing I want is to be out of status! When I mentioned this to my boss his answer was -- We will give you a letter stating that you are working reduced number of hours, and we cannot afford the salary promised on I-129.

    Can somebody help? What are my options? I was on H4 and moved to H1. I am really frustrated with their attitude and in this economy it is really hard to find a job.

    Any help would be great.

    A letter alone is not sufficient. You employer has to amend his H1 petition with reduced hours and get the LCA and I-129 approved with DOL and USCIS respectively.

    Any violation of H1 rules should be complained with DOL.
    Even if the H1 employer terminates you, the termination doesn't take effect unless he cancels your H1 petition with USCIS in which case he has to provide you a return flight ticket.

    Here's my suggestion. Educate your employer that he has to pay you the salary mentioned in LCA till the time you're employed with them.

    If your employer doesn't oblige then
    1) Get your H1 transferred to another employer and file a complaint with DOL to recover all the back wages.

    2) In the worst case, go back to H4 and file a complaint with DOL to recover all the back wages.

    Knowledge is power. Make sure that you're aware of all the H1 rules so that no H1 employer takes your for a ride.

    09-19 01:01 AM
    We saw many toddlers and older kids! Brave little ones!!!

    By the way chanduv, I looked for you everywhere! Too bad we didn't get to meet this time. You have done a truly amazing job and wanted to congratulate your in person! Hope to meet you soon!

    And I was looking for you - actually I was on the stage - behind the speakers holding the flag

    I am partially visible in this shot behind Aman

    I was walking with MACACA all along the rally

    04-09 01:36 PM
    Planning to use AC21 Portability and work on EAD.

    If you are planning to work on EAD, then you are not using AC21.
    Is my understanding correct?

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