Saturday, June 11, 2011

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  • hmehta
    07-14 02:12 PM
    Yes, that is partially true. But then again they have to prepare identical set of documents, paperwork for both of us - so they are charging for the amount they invest in that.

    What is the lawyer charging you for your wife's application for?? If I am not mistaken all they have to do is add your wife's information alongwith your filing stating you are married and show a copy of marriage certificate as proof. Am I right here people?




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  • calaway42
    10-04 12:15 AM
    hey thanx for writing so much to help me :D hey another question.. when i make the rentangle .. do i use rectangle marquee tool or rectangle tool..? I am confused on that one cuz some tutes say.."click on your rectangle margquee tool to make a square and fill it in with blah blah" .. and based on my "Paint" experience I used rectangle tool :q:




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  • uma001
    07-24 05:07 PM
    If they receive too many responses during advertizing period, they may not process your gc. That is all to it. At that time u might chill out and wait for a year or so and reply. If your skills are in demand, I do not see a reason to wait. It is always better to take a dive as early as possible. Good luck.

    Absolutely correct. This is the experience I had in my case. My company is fortune 550 company. They received lot of responses when they posted ads. I could not beleive the repsonse I got from VP. And they do not want to file green card now. He simply said 'he found candidates' :(




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  • 485Question
    10-30 07:27 PM
    http://immigrationvoice.org/forum/showthread.php?t=14756



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  • ivjobs
    11-06 06:44 PM
    I dont wish to make this a publicity forum for companies or individuals, But it would be heartening to know about other successful entrepreneurs who have been in the similar shoe of this immigration mess. It would be nice if IV members can post their successful ventures in the yahoo group and inspire other members. Please refrain to advertise but feel free to share your experience as an entrepreneur and your successful ventures in the yahoo group.




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  • desi485
    08-12 12:54 PM
    in my case, the local municipal corp in india denied providing non-avaibility certificate. Because my birth is registered and I do have birth cerficate, but instead of wrong date as in your case, in my case the first name is wrong. I had my birth-name on the birth certificate which is not un-common in india. Before I started pre-school, all my cerficates from that point onwards have my current legal name.

    I did not specified YES in the column where it asks if you were known by anyother name in 485.

    The only glitch is a first-name in birth cert is diff. from my current legal name. the name of parents, date, timing, family name, birth place and everything else is true and correctly mentioned.

    how much chances do you see for me to get an RFE on this?

    My lawyer told me to submit Affdevits from my parents which I did, along with original birth certificate with wrong first name. My parents also mentioned that I was given a pet-name at the time of birth, and then decided for my current legal name. I know this is complicated...

    I found 'usa consulate' in UK website talking about such case. It suggests to have affidevits, and EARLY school records, affidevit from priests etc. who performed any religious naming ceremonies etc as the acceptable documents.

    I am keeping my fingers crossed.



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  • mirage
    04-08 02:40 PM
    On Page 3 they say total Employement based preferences number was 162,176

    Than on page 6 they say total Employement based preferences number was 147,148




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  • conchshell
    07-07 09:32 AM
    I was wondering if we have approached "Consulate General of India" and Ministry for Immigrant Indians (Aapravasi Bhartiya Mantralaya) and check if they can help us in this visa fiasco. Indian statesman and good enough in visiting America to get foreign investment at the state or central level, but where do they stand when the same disapora need their help to find injustice they face on the foreign land. Any thoughts?

    May be we can get their help to gather support from pro India congressmen and senators



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  • hazishak
    09-04 10:22 AM
    I did read somewhere that it takes 30 days for USCIS to locate one single file. All applications might not be in the database as only 30% (approx) of all the pending applications are databased.

    How difficult is it to find info about the old cases. It is a simple search query on the database. (One single query)




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  • desi3933
    05-11 08:30 PM
    desi3933,

    Only if "if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section"

    In this case they are eligible for FB2A. So it nullifies that.

    ......

    >> In this case they are eligible for FB2A. So it nullifies that.
    No they are not. because FB2A applies ONLY if primary applicant is green card holder and I-130 is approved for them. Both the conditions must be met BEFORE I-485 is filed.

    If you don't agree with me then ask any attorney and post the response here. Hopefully that will make you see the reasoning.

    ______________________
    Not a legal advice
    US citizen of Indian origin



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  • sledge_hammer
    07-09 11:44 AM
    I agree 200% with you...

    In our society we always waive the rules for emergency, so I see nothing wrong in posting this, If at least one or two people come forward to help after seeing this,that itself a victory for this post.

    I am not being rude here, consider this post in a humane nature




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  • anilsal
    01-14 12:04 PM
    I filed another 485 which was family based and is current now.... I had to withdraw my employment based 485 because one cannot have 2 485s at the same time.

    Thanks again to everyone for the suggestions.

    Some people I know have got their GCs based on earlier 485s but with a new current approved 140s.

    So maybe you should have just requested USCIS to apply your family based current status to already filed 485s. USCIS is capable of consolidating applications based on A numbers. They can even switch primary/dependent applications once something becomes current, contrary to what lawyers say.

    You would have saved filing fees and medical fees.

    But irrespective of that, go to infopass and find out if the files are assigned to an officer. Once that happens, it is a matter of days.



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  • eb3retro
    08-30 12:38 PM
    My PD is 2002 Aug


    hi redhat..

    welcome to IV. looks like you joined IV recently. I hope you will get answers for your questions here and will come out of this RFE mess. Please do consider abt giving IV (and yourself) a hand in the Washington Rally. All the best.




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  • nousername
    04-29 09:55 PM
    Dude, not sure what your question is.. Earlier you said your transfer is already in process so why this question?

    Anyway, if I understand your question correctly then here is the answer:
    1. Look for a new job
    2. Once you have a new job offer, have that new company sponsor your H1. Practically it is like filing for a new H1.. The only difference is that you use the old visa #, hence you are not subjected to annual cap (which as is does not matter now days).
    3. For the transfer have an attorney file for your case. You can do it either normal process, which takes 6 to 9 months (or use to take that much time) or apply under premium process, which takes 15 days. Under normal process you can start working with the company once you have the transfer notice, which comes in 10-15 days (note, this is not approval, just a notice stating that USCIS received your case).

    As far as pay stubs are concerned, just give what you have.. On the side note, see if your old employer can give you a letter stating you are on unpaid leave. This will surly buy you some time.

    Thanks you very much for your reply.

    I have paystub till Jan 09 . All the copanies are asking for recent paystub, but I don't have. My question is:

    If any company interest to transfer my H1B, how it will work for me ?



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  • looivy
    03-23 02:15 PM
    I recently spoke to one of the murhty attorneys about this and they mentioned that if the delay is because of company issues then you can travel back on AP but however if the delay is because of some security check then it is best to wait for it.

    How do I determine if it is due to company issues or security check?

    The consulate just sends standard reply and DOS does not disclose any information beyond status still pending.




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  • senthil
    02-07 08:48 AM
    folks - this is what ive been told.

    we can file the spouse details and the mariage proof - for AOS ( I forgot the form number ) if you are married but you cant get your spouse into US for some reason. EG you have invoked AC21 using your EAD. which means you have lost H1B and there is NO H4 in scope. So unless you get your GC you cant bring.

    In my case, I was on H1B when i got married, ( already filed 485 too before marriage, but did not use EAD till date ) so I could bring my spouse on H4. But the problem is there is no way you could add your spouse to my AOS process, unless my priority dates are current.

    hope this helps. do you guys have any suggestions / questions



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  • canmt
    10-19 02:46 PM
    The old lawyer has to notify USCIS that he is pulling out of your case or the new lawyer has to send the new G-28.

    bump
    ^^^^^^^
    What if he/she chose not to let USCIS know about it? Basically, you have no options than to hire a new lawyer to file G-28; otherwise USCIS will continue to send correspondence to the lawyer on file. If you don't file new G-28, the old lawyer can get every information on file from USCIS. Read G-28 for more information.

    You are required to send the letter to where your case is filed.

    I hope this helps and good luck on your green card chase.




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  • MissionImpossibleGC
    08-24 11:34 AM
    You can complain to DOL, if you have been paid less than a LCA amount. Also, you can complain to DOL, if the deduction of GC processing fee to DOL as it could have lowered the amount thats in your offer letter. You need have a proof that your company has deducted money for your GC from the paycheck.

    BTW, You have no legal grounds to get the revenue (aka % the company earned) the company made out of you during your tenure.

    In my paycheck and salary slips there are deduction but reason or description of the deduction are not mentioned. I have all salary slips with me. I am working on % based so some time even after deduction my anual salary is not less than 8 years old offer letter. My anual salary vary from 55k to 100k depending on project rate and lenth of projects in year. I find my own project since last 5 - 6 years and pay % to my greedy company for nothing. It took me 8 years to find out my company because my company is not a very small company and looks decent from top serface.




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  • whiteStallion
    10-17 02:55 PM
    Just an advice, please do not accept 1099 from your consulting company. I had the experience and paid a lot more in tax at the end of the year than I would have paid in W2 as 1099 is considered as business income. You'll be paying more taxes than W2.
    So always stick to W2 when you are getting your salary from your consulting company. If Consulting company is paying you in 1099, then they do not pay Payroll taxes on your salary and thus save money. If they are paying you in w2, which they are supposed to(you being on H1), they have to pay payroll taxes themselves.




    rbalaji5
    07-25 03:09 PM
    There is a problem with my wife's date of birth certificate. The brith certificate holds the original date of birth (May 1973) where as the all other ceritificates like school records, passports is having different date of birth (Dec 1973) (usually in India we used to change the date of birth to get into the kindergarden with some early date of birth). I am unable to get the Non-availability certificate as the original birth certificate already exists. Correcting the date of birth all the certificates and passports is not possible and it may took a long time as we need to go through court.

    I am planning to submit the affidavits from parents alongwith the other certificates like 10th Mark sheets, etc., Pls advise - Is it ok?.

    Otherwise I can submit the original brith certificate alongwith affidavits from parents and relatives saying that the date of birth is mistakenly registered.

    Please help.




    Berkeleybee
    04-09 10:26 AM
    All,

    Just to put this issue to bed once and for all. IV is committed to bringing its goals into legislation -- we are not wedded to any particular piece of legislation. If Plan A doesn't work, there is Plan B, C and D. Each with its own advantages and disadvantages.

    There have been some people who have been saying "Comprehensive reform is dead IV should work on PACE/Poster's favorite option."

    (1) It is not certain that CIR is dead. We are not about to toss it aside before the Senate has.

    (2) IV is fully prepared for PACE -- we have studied all of PACE's provisons (have the theorists even done this?). Did you happen to notice that one of the co-sponsors of PACE has already offered an amendment for us? We also have support from other co-sponsors.

    (3) Our amendments show that we have support no matter which legislation goes forward -- we have to shore up this support and make sure we get more for floor votes.

    BTW, I notice that some of our new theorists became members only a few days ago, probably to read the live update threads, and just a few days after that they start opining about what IV should do. ;-) Have they done anything with/for IV: volunteer, contribute, send webfaxes? I doubt it.

    Note to new members: please visit our Resources section and familiarize yourself with the material there, at the very least you'll see we have been doing our homework and we are not a one-theory-one-legislation group.

    best,
    Berkeleybee



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