Wednesday, June 8, 2011

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  • anilsal
    12-01 01:42 AM
    Some of you here know the immigration law much better than I do and I just have a quick question on the "ability to file 485" issue. When congress passes a law, not every little detail is spelled out and it's left up to the related government agency/department to implement/interpret the law and spell out every single implementation detail. Having said that, is the "Ability to file 485 only when PD is current" actually spelled out in the law or is it something how USCIS decided to implement the law? If the later is true, shouldn’t we try to convince USCIS to let everyone file I-485 regardless of the PD. I mean it’s a win-win situation. USCIS gets more revenue because you now have to renew your EAD every year and most of us will be very happy because we can make career/employer changes as necessary.

    The reason I ask is because it makes a lot of difference for lot of folks in terms of their own career advancement as well as spouse’s career.

    This can be very important when your spouse cannot work now. Irrespective of this, EAD renewals have to be thought about every 8-9 months or so (remember someone saying you need to apply 3 months in advance).

    Maybe you will have to take up a side job to pay for your frequent EAD renewals.:cool:





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  • sanju_dba
    12-21 01:22 PM
    I want to be more specific. I have a full time job. I'd like to setup a business LLC to get some contract works. For tax benefit, I can deduct some business cost with it.
    On H1 you can setup business, invest in , take profits ,but you should not be on payroll ( in otherwords you cannot be an employee of your own company based on H1 status ).
    Once you get your EAD ( IV's current indirect-primary objective ) , you can do work of your company and do those tax benifit tacktics .





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  • Blog Feeds
    08-08 09:30 AM
    These are fun and hot summer days for us Immigration lawyers filing H1B cases (http://www.h1b.biz/lawyer-attorney-1137085.html). As employers are starting to hire again, we are faced with the challenges of the new Labor Condition Application System, iCert.

    The Labor Condition Application is a document which must be certified by the US Department of Labour and it an integral part in the H-1B applications. This document details the terms and conditions of employment, details of the employer, the work profile, rate of salary, prevailing salary (it means the lowest salary that can be paid to a h-1b visa holder) and the location where the h-1b holder will work. As of July 1, 2009 all LCA applications must be done via the icert system (http://icert.doleta.gov/)

    In the past week or so many LCA cases came back with denial notices. The notices had the following language:

    Reason for Denial: Section C.12 of this application contains an obvious inaccuracy. The Federal Employer Identification Number (FEIN) value entered in Section C.12 of the ETA Form 9035E could not be verified by the CNPC as a valid nine-digit FEIN assigned by the Internal Revenue Service (IRS). In order for the employer to overcome the issue identified on the denial determination for any future LCAs submitted using this exact FEINThe solution according to AILA for correcting an LCA denial when DOL states it cannot verify the FEIN is to provide FEIN documentation to the LCA Helpdesk in Chicago. This morning, DOL revised the FEIN-based iCERT denial notice, and it contains information on what documents to send via email to DOL or by fax. We hope this will resolve the problem and the unnecessary delays as the system takes almost a week to process a regular case. We will keep you posted.




    More... (http://www.visalawyerblog.com/2009/08/h1b_visa_lawyer_about_icert_wo.html)





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  • hpandey
    03-17 02:44 PM
    I was informed that without I-94 card she cannot be added to my insrurance.

    Can anyone suggest me some good insurance I can take online/india for this kind of situation...???

    Thanks

    I have never seen anyone asking for an I-94 card to get your wife added to your insurance.If you are an employee going through employers insurance then they have to add you and your family to the insurance coverage without any discrimination . That is as far as I know . Maybe I could be wrong but I am pretty sure about it. You can take her insurance without she being here . I recently changed my coverage this month for myself and my family and its start date was the same day I submitted the forms and not the 1st of next month or something like that.



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  • rvr_jcop
    02-15 01:30 AM
    Hello All

    I have a question concerning my EAD.Company A applied for my H-1B After an year I have trfd my H-1 to company B and I have been working with company B for the past 2yrs 10 months.My H-1 b is due to expire in feb 2009.Company B Applied for my green card also. I-140 approved in November 2007.I got EAD in oct 2007 and has a valid EAD up to aug 2010.technically I am on EAD since I entered the country on advance parole.Now my company is going to renew my H-1 B .In light of the bill that has been passed which doesnot allow forfresh H-1 B as well as H-1 B renewals,what happens to my EAD if my H-1 renewal petetion gets denied?Does denial of non immigrant petetion leads to denial of immigrant visa (i.e pending adjustment of status).What happens to my EAD.I am worried a lot.Pls advice?Should I request my company to stop the renewal process so that I can stay on EAD only.

    Before asking n number of questions, it will be helpful for others(even to answer the questions) if you fill up your profile.

    --Its doesnt mean that you are technically on EAD just for the reason of you entered on AP. You could choose to working on H1-B if you want to (by not sending your I-9)
    --Is company B you mentioned a TARP company?
    --Denial of non-imm petition does not automatically lead to denial of other immi petitions provided all else is good

    Chill out and stop worrying. Talk to your attorney and make wise decision that is good for you.

    This is just my opinion/understanding and others could correct me if I was wrong..





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  • jasmin45
    08-06 10:23 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
    I guess you should drop all "thing in the past" with your lawyer behind and work with her to get you going with this. you lawyer is the one in best position to help your situation. If you do not have receipt for 485, you should talk to her and ensure that the lawyer agree to send you all the photocopies of the documents or the originals themselves so that you do not land up in this sutiation again. Pay her after you receive the documents.



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  • singhv_1980
    01-31 10:41 PM
    If you are planning to interview at Delhi, then check out the policies of the Delhi Consulate here: http://newdelhi.usembassy.gov/applyinghlopq.html

    As of last Sept, there was no requirement to drop off the application a week before the interview, however, Mumbai did have that requirement.

    By the way, did you investigate the delays due to PIMS? Any update on how one can request the information about the approved H-1B sent to the consulsate?

    Thanks for the info.

    I tried getting some info on PIMS here in US..but cudnt get any. All I have is through couple of forums including IV. I cudnt make any pattern based on approval date or service center for I-797. All I have is hope.

    May god bless us all.





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  • chanduv23
    01-09 05:20 PM
    Try asking an Attorney and see if your wife can invalidate her h4 status by traveling and re-entering through AP at POE?

    A quick trip to Canada can solve this problem?

    This is not an advice, as I am not sure if this would work, but talk to a lawyer or as some suggested try another DMV.



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  • manand24
    08-11 01:10 PM
    Pd April 2006
    Rd 07/02/2007 (nsc)
    I-140 approved 10/2006





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  • mallikonnet
    07-19 11:12 PM
    Now that the immigration reform for undocumented workers has broken down, is there any way that we can lobby congress to turn their attention to the plight of the skilled worker? The mess created by DOS will result in the worse backlog ever and the longest wait for post June filers. Congress can at least take steps to resolve this by raising the cap for the employment based visas and making it possible for unused visas in previous years to roll over. I also hope that USCIS will increase the human resource base with their higher fees to accomodate the flurry of applications flying in now. How do we get congress to pay attention? Please let discuss this and act.

    we can hope for the best and keep on lobbying for our cause of EB retrogresstion. But to be honest i dont think there will be a law change to help us since CIR is dead.

    The so called victory against USCIS was possible only because they made the july visa bulletin current due to miscommunication between uscis and dos. USCIS tried to stop the flood of I-485 but later on they reversed their decision and started accepting apps until agu17. SO WE ARE ABLE TO FILE BECAUSE OF THIS MISCOMMUNICATION NOT BECAUSE OF LOBBYING CONGRESS TO CHANGE RULE.

    Assume no miscommunication between USCIS and DOS then no july fiasco and no flood of apps.

    I think we have a looooooooooong road ahead to get our GC......



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  • pd_recapturing
    07-14 12:27 PM
    Can someone confirm the same for BA via London?





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  • nousername
    07-22 07:57 PM
    Well said

    On a lighter note, you may not even want to prove your legal status. After CIR you'll be in a better position to get adjusted, faster and easier!



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  • jasmin45
    08-09 06:51 PM
    Are you kidding me $400.00 I paid $115.00 Including tetanus shot and tb shot. $35.00 for the lab work and my husband's insurance covered the x-ray because I Knew it would com back positive. What a rip off

    It depends, paid 400 a piece. We were in a hurry to get our applications down to uscis by 2nd july... had to go to nearest physician and he charged about 400 a piece and no x-ray was needed. I wanted to get the I-693 asap and got it in 3 days.

    Question is Why in the world is this doctor asking for more than 1 tetanus shot? 1 tetanus is good for I believe 10 years. Are you talking about MMR?





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  • coopheal
    11-05 10:15 AM
    Bump



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  • jcrajput
    10-12 11:18 AM
    We are planning to get our passort stamped (H1B/H4) at Mumbai consulate. Does anyone know how many pay-stubs I will need from my current employer? Can anyone please share their experience?

    Thanks a lot.
    Jignesh





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  • check_name
    07-24 07:32 PM
    what's the full name of Murthy?
    thanks!

    Isn't Murthy in the DC Area?



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  • suren
    10-07 02:35 PM
    Thanks for you reply.

    My only conern is about I-94. When ever we renew the h1b we get new I-94 but in this instance my I94 got expired do i need to get new I94? if yes how can I get?





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  • goel_ar
    09-30 08:48 PM
    My wife's H1 got approved & it is valid from October Ist. When she went to Social Security Office today 9/30 - they denied saying they can't pull up her information in their system (from INS) & hence they can't issue the SSN.


    She was carrying her I-797 approval (along with I-94).

    Anyone else faced a similar situation ? Any suggestions.





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  • manand24
    08-11 01:10 PM
    Pd April 2006
    Rd 07/02/2007 (nsc)
    I-140 approved 10/2006





    chanduv23
    09-03 09:06 PM
    THIS EVENT HAS BEEN CALLED OFF DUE TO TIME CONSTRAINTS AND LOGISTICAL ISSUES.


    We will be having a Pre Rally event in the Tri State Area on Saturday, the 8th of September. Everyone from the Tri State Area are expected to make it to this event. So please mark your calenders.

    This venue for the event is currently being decided and will most probably be in a centralised location so that everyone can make it to the event with proper planning. The location will most probably be in Jersey City or Edison or Bridgewater and some volunteers are working on the venue finalization. It will most probably be an after lunch "Tea and Snacks" event.

    Aman(waldenpond) and Himanshu(pappu) and other core members will be addressing IV members at the event.

    It is very essential that members from the Tri State - NY NJ CT PA and also from surrounding areas make it to the event.

    Please bring in all your friends, and also inform as many people as possible and do make it to the event.

    A lot of important things will be discussed and a lot of questions will be answered.

    I am adding a poll to this thread so please take the poll.





    logiclife
    07-21 02:57 PM
    The name of the lawyer we have talked to before is Joe Hohenstein.

    See more details here: http://immigrationvoice.org/forum/showthread.php?t=1088



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