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  • waitnwatch
    07-22 12:27 PM
    I did notice the exchange on the "free advice from lawyers" thread. You had asked a question and posted a follow up urging the attorney to answer. Pappu just informed all posters that the attorney chooses which questions to answer. The attorney in this case may have decided not to answer your question and Pappu had nothing to do with that.

    The only thing I can request you is to please choose your words judiciously....the same thing can be said in multiple ways.

    Would you like some green dots - I can surely give you a few.:)

    Pappu:

    Why cant you just remove the feature of red/green dot completely. just ban the person directly if he/she is misusing this forum..

    See after ten twenty minutes I will have RED DOT.

    here if you say anything which moderator does not want to hear, you will get red dot or may be just banned.

    for example last week i just asked my question in Free Q/A , did not got answer but i had to say sorry to Pappu just to stay in this forum.

    I know man you can ban me from this forum anytime.

    Just my views.

    Please delete it if you dont like post.....sorry.

    MC





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  • brb2
    09-12 03:28 PM
    Assuming that EB2 candidates don't have larger families than EB3 candidates this should even out:) I mean the proportion.

    There should be a way to mention the no of Green Cards applied for in a family. I could vote as EB2 . but in my family I applied for 3. this count also should be captured right?





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  • gregspirited
    03-24 11:42 AM
    I have a quick question related to my approved I-140 and my spouse's visa status. My wife got into a medical residency and the hospital that she plans to join will sponsor only J1 visa for her. I was wondering if the J1 visa for her will be affected by the fact that my I-140 is approved. My law firm says that they had to include my spouse's name in I-140 application as a requirement.

    My concern is since I-140 is a petition to immigrate to US what are the risks involved with my wife's J1 visa. Can she go to India to get her J1 visa stamping? Will the approved I-140 negatively affect her chances of entering back US at the port of entry?





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  • willigetagc
    08-13 01:57 AM
    another distraction for the officers? already they are eagerly waiting for the visa bulletin (just like all of us) to decide on future course of work... :D

    Now they might all just forget work, come out and dance to the marathi number... :eek:



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  • RLNY122004
    06-17 01:48 PM
    I posted this on other thread on June 15th. Our I485 approved on June 15th. Please see signature for details.





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  • GCSOON-Ihope
    10-30 03:55 PM
    Same aberration here!

    My last LUD was 10/03 and was saying something like: "in response to your inquiry we mailed you bla bla bla..."
    Today 10/30 I got a new LUD but the message has reversed to what it was before: "In October 18 2005, the results of your fingerprint review for your I485 Application to Register Permanent Residence or to Adjust Status were received, and processing has resumed on your case. We will mail you a notice if further action is needed, or when a decision is made." and I just got confirmation ...with 5 e-mails!!!:confused: :confused: :confused:
    Anyone has any idea of what this means or is it just another "glitch" of their crazy software?



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  • sbabunle
    04-13 03:50 PM
    Its a nice vision. But as people getting green card they would
    leave here..Any organization needs money to survive...Who
    will donate it? But I agree that we need an organization
    to represent ourselves.

    Certain things we could address after GC Retrogression is
    undercontrol ( if ever happens)

    1. Address FBI name check issue..
    2. Bring back VISA revalidation inside USA so that we
    dont have to make a trip to US embassy..
    3. Work for getting Social Security money back if we returns to home country.
    ....etc etc........
    As time pass by old issues may be solved, but new issues will
    surface.....

    So I'll support an organization for sure!

    thx
    babu




    I want to address this to everyone. Any organization needs a clear and precise Vision statement. Majority of the senior member complain that the people with green card and citizenship do not support immigration voice; then the question becomes what is our vision. If we confine ourselves to the benefit that we all should get green card, then what is the need for someone who has already got a green card to visit this web site. Humans are need based animals, whether you like it or not tomorrow if I get my Green Card (A big IF) it is very much likely that my visit to this website will be minimized. My priorities will be different. So core group should get a better vision statement which might address all immigrants.

    The reason I came to immigration voice is slightly different, because I am still not convinced enough to accept that core group could do something which will make our law makers� act different. I support immigration voice on a bigger picture, it unites all immigrants together, and the website provides me support to all my immigration need. For example, I can search the website and find information regarding visa stamping, H1 quota and what my fellow countrymen think about it. So my sincere advice to the core group is to create a vision statement which is much bigger than the green card issue and which will make sure all immigrant no matter with green card or not will visit our website. Make the vision statement visible in the website. You have much better exposure through this. I have to agree, I am writing this out of frustration :D , but to be honest, do not treat this website for green card retrogression alone, treat it as something bigger, which will address all immigrant needs.





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  • gccovet
    06-19 12:38 PM
    I am on my 7th year H1B. I got a 3yr extension from my current employer based on approved I140. I have the I140 receipt number but do not have a copy of 140 (my employer refuses to give it).
    I also do not have the LCA for Perm filing.
    My 485 has been filed more than 6 months ago.

    I do have the new I797 (till 2010) for my H1B extension from my current company.

    1. Is it possible for a new company to do my H1B transfer without a copy of I140 ?

    2. Is I140 required to do EAD extension ?

    3. What are the consequences of not having an actual I140 copy with new employer in future.?

    If 180 days have passed after I-140 approval, then there is nothing to worry about not having a copy of I-140.
    GCCovet



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  • PD_Dec2002
    08-27 04:53 PM
    I sumited my wife's & my I140 and I485 together in this July 2nd, 2007. I already got receipt and the requesting for fingerprinting. If i file a divorce now does it going to have any effect on my processing?

    this is very important.

    Depends on who the primary applicant is.

    Thanks,
    Jayant





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  • raysaikat
    12-19 08:16 PM
    Thank you for replying.

    I believe when I was young I entered with family visit visa, then I re-entered the country using a re entry visa. I assume both has expired for awhile now, although my I 94 doesn't state an expiration date, it stats "ans or status" Could you explain what that means?

    You are probably reading the notation wrong - it is probably "and/or status".

    In US immigration, there is a notion of "status" which basically means you do/live in US the way you promised the immigration officer at the time of entry. If you were entered as an F-1 student, then you remain a student in good standing; if you were entered as H1-B, you remain gainfully employed in the position (or a similar one) for which the H1-B was issued, etc.

    The second notion is "unlawful presence", which basically means you are staying in US beyond the time the immigration officer allowed you to -- i.e., the date on I-94.

    So it is possible to be out-of-status, but not unlawfully present (i.e., someone who entered on H1-B VISA stopped working even though his/her I-94 was valid for 6 more months).

    If you remain in US "unlawfully" (i.e., after the date written on your I-94) for more than 6 months but less than 1 year, you get a 3 year ban on reentering US. If you stay in US unlawfully for more than 1 year, then you get a 10 year ban on reentering.

    In your case, your I-94 seems to say the stay was valid until a date "X" and/or until you were in status. I am assuming that there is a date on I-94 even though you did not specify one. I am not familiar with that notation, so I am guessing. If the guess is correct, then that would mean that you started accruing "unlawful presence" from the date you became out-of-status and you were "old enough". As far as I remember, the "old enough" is 18 years old, but I could be wrong and it could be 21 years old.

    To determine when you became out of status, you need to know what was the required status at the last entry. If your sole status was parolee (i.e., you used advanced parole based on your submitted I-485), then you became out-of-status whenever the I-485 was rejected. As far as I know, the appeals process allows you to live in US, but if the appeal fails, as it was your case, the date when the status became invalid does not advance.

    So if you have no other VISA status as a dependent, then you are out-of-status. Assuming the I-94 expired long back, and that USCIS starts counting unlawful presence from your 18th birthday, then you have accrued unlawful days equal to your age in days minus 6574 days (counting leap-years ;) ).

    You can apply for a college, and the college may give you I-20, based on which you can get an F-1 VISA. However, you would have to go to your "home country" to get the F-1 VISA stamp on your passport (and they may ban you depending on the number of days you were unlawfully present). Basically, the only way I know of for you to get a legal immigration status is to go out of the country and get back with a legal visa (and of course, risk being banned, or denied VISA for any other reason).

    Your case is complex enough that you must seek advice from an immigration attorney before making any decision.



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  • adhantari
    08-13 03:29 PM
    update?





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  • cchaitu
    11-06 04:19 PM
    The question is: is a copy of I140 is that important to use AC21 . From the posts on IV forums I got the impression is you dont even need a copy of I140. The important thing is to apply for change of attorneys immediately after changing the job. If you get any RFE - you will get on the employment verification - then you need to show you have a job that is same/similar as the one in labor certification. If you know the job description (generally most employers attorneys share this info to make sure that you have relevant experience) then make sure your new job is same or atleast mostly similar.

    In your two options you mentioned using EAD for one job and H1b for another. I read somewhere that this cannot be done (I dont have the link but I think this is from Murthy chat). Once you use EAD your satus will change to 485 waiter with EAD - seems like you can change back to H1b - but having two statuses at the same time is not possible. This is my understanding based on forum reading (not a lawyer).

    Thanks Kishdam for your quick reply



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  • prasadn
    01-07 04:10 PM
    Thank you.. I guess i will just mail my application... So if my application is received before end of OPT date..That would be fine right.. I hope it doesn't matter when they start processing ??

    Could someone answer my below question please ??

    Also my another question is with Form I-765
    Question 11. Date you applied for previous EAD ??

    OPTIONS:
    Notice Date
    Receipt Date
    StartDate of Previous OPT
    ExpiryDate of Previos OPT
    Granted Date(How do i know that??)
    Received Date

    Thank you...

    I have applied for EAD for myself and spouse 3 times now, and filled up the start date mentioned on previous EAD for question no. 11 against the date(s) field.

    Hope this helps.





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  • eb3retro
    07-11 05:16 PM
    Hello All,

    Just received in mail - 2 Year EAD card for me and my wife. Valid till July 2010. I have e-filed myself for both of us. Still waiting for AP docs.


    hi saint, nothing against you, i wonder what is the freakin logic USCIS uses to decide on 2 year EAD approval, here i am with pd not being current for atleast next 2-3 years (given the halt of eb3-I), 2nd ead extn, in my 8th year of h1b, i got a one year EAD extn, where as a eb2 person gets a 1 year validity...i only wish we can know whats going in the minds of these decision makers..



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  • deecha
    08-06 11:22 AM
    Hello everyone,new to the forum
    Anyway,filed i-485 in 1997 and was interview 1999 and stamp in passport adjustment status pending,b;cos of past immigration issues.Then i did recieve letter that my family petition was accepted then two weeks recieved another letter stated my application was denial due to my past issues so i had to leave the country and reapply. My lawyer said she had to file a motion,did charge alot of money.Did not hear anything till i went there to check my status and the officer told me i was in the process of deportation,so she gave me the date.So i went to my lawyer to check if she knew anything and she said your case is pending,so i ask her if she can call and check whereby she did and find out i was in the processes of deportation,now she told she need more money and if i do not pay that amount she can not go the court with me,so i did offer some amount and she refuse.
    So i went to the immigration court and i did win the case,and now she find out that i did win the case so trying to be my attorney.
    I do need to file for Ead because my old one was revorke,do i have to file for another i-485 or not?Another thing my lawyer had my file how do i track my old receipt number.Can someone please help me, i do have the original judgement from the immigration court

    Get a new competent lawyer ! If you were in deportation proceedings and you won the case, then the IJ should have granted you the adjustment of status right then and there.





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  • extofu
    03-07 09:02 AM
    Here is my situation

    Studied in US on F1 and directly started working for company A from 2002. Got a H1 stamp when out of country in 2003.
    Since then moved to company B (in 2005) and H1 visa is now on the second three year term (valid till 2008) . Am on the verge of moving to company C. Will be out of the country all of april and had a few questions

    1) Do I need to have stamp on my passport when I switch between F1 and H1only or do I need the stamp even if I have switched firms since the last time I got my passport stamped

    2) What happens if I get the stamp say on H1 on 1st April (while on payroll of company B), quit company B (while outside US) and join company C and then return to US in last week of April without getting another stamp. Will I face any issues when reentering USA (given that the stamp is for company B even though I don't work for it anymore) or do I need the accurate stamp when coming to USA?

    Your help will be deeply appreciated

    Thanks



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  • a_yaja
    02-26 11:40 AM
    I am reasonably knowledgable about benefit plans like 401(k) but just wanted a second opinion in the situation I decide to move perm to India.

    1) Assume I have $ 100,000 in a 401K plan.

    2) I terminate and roll over the funds to an IRA.

    3) If I were to withdraw the funds ASAP I would face tax at a high rate as well as the 10% withdrawl penalty as I would be under 59 yrs 6 months.

    4) To minimize my taxation I withdrawl a little bit every yr under the tax bracket. Say I withdraw 10K a yr for 10 yrs. Since I have no other US income I am under the tax bracket for US and dont have to pay any taxes. I do still have to pay the 10% penalty since im under 59 1/2.

    5) By doing this I eventually mange to get 90K out of the 100k I start (assuming i dont take into account market earnings)

    So is this doable and good logic ? Am I right or off somewhere. Would I face any taxation in India if I bring in this money on the principal ?

    Also does anyone know what kind of interest rate a risk free treasury bond or instrument would pay in India ? If I bring to India an investment of aprox Rs 50 lakhs what kind of monthly income can I earn on the money assuming a secure conservative investment.

    Thanks

    Nozerd,
    There is a provision to withdraw the 401K without the 10% penalty. To avoid the 10% penalty, there is a rule called "72(t) - Early IRA distribution". But there are certain rules that need to be followed for this - and I am not aware of how it actually works. The only reason I know this is because I asked this question specifically to the accountant doing my taxes and he said that if I were to retire early, I could avoid the 10% penalty by claiming the 72(t) clause. However, he said that certain "rules" must be followed and you must withdraw certain amount every year - else you will be subject to the 10% early withdrawal penalty.

    Hope this helps. You can ask any account specialized in federal taxes and ask him/ her/ them about the 72(t) clause.





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  • aristotle
    02-26 02:03 AM
    If you have GC then you can take out ur 401k in 2 installments (because u have RNOR status for 2 years) and file tax as a resident in USA (because of GC).

    If you don't have GC then please take all ur 401k in one shot in the year you leave. Otherwise you'll pay 10% penalty and then 30% tax to USA because you will be a Non resident as for as US is concerned in the next year.

    As a non resident, if you take out 10K every year, you should be under the Standard deduction and thus owe no tax??





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  • smuggymba
    11-30 01:21 PM
    As per the document:

    total EB2 visa available: 40040
    Grand total of EB2 pending: 33850

    So, technically all the EB2 applicants should get their GC during the fiscal year of 2011. Even in the situation where no fall down from EB1.

    Seems like good news for many and hopefully foir EB3s as well if further fall down of visas occur.

    Guess, USCIS should wake up and move the dates faster instead of jungling during last quarter of the fiscal year.

    i guess it doesn't count ppl who are waiting. The no of ppl who are not able to file 485 is huge.





    nhfirefighter13
    December 31st, 2004, 05:11 PM
    Nice work. I definately like the second shot better with the red bulbs. You could try to rig up a "tent" over and around the sides of the shot with white sheets and put some lights shining thru that. That would give you a bit more consistency and cut down on the specular highlights a bit (although they are not bad by any means in either of these shots.


    Another option would be to go for a really slow shutter speed and use a flashlight to "paint" the glasses. This sort of thing takes a lot of practice but I've seen some excellent shots done by this method.





    chanduv23
    09-03 10:13 PM
    My Fall classes are starting on Sep 8th, after that I am planning to meet International Student Association people. If the event is planned on eve then I will be able to attend

    Let me know


    Thanks for letting us know. It will most probably be an after lunch event stretching through evening, so I guess you can make it



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