Saturday, June 18, 2011

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  • prioritydate
    09-21 11:45 PM
    I was in a consulting field with employer taking 30% and me getting 70%.

    He supposed to deduct $400 for medical insurance from my paycheck -biweekly, instead deduction was only $200. I never knew that.

    My question is why not he acted immediately after knowing the error?
    Why should I pay for somebody's mistake?
    Am I going to get any tax benefit now?
    Why not he deducted single penny in last 2 months before I left?
    I didn't sign any paper to pay him back over a period neither did he come up with any plan.

    All this proves that he agreed to waive off while I was working for him.


    In my view, it is his mistake. I am seriously think that he is lieing to you. First of all, deduction 400$ biweekly is too much. You didn't specified if you have any dependents. If you are single, then he is really lieing to you. I say just file a complaint with DOL in your home state.




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  • kapoorg
    06-21 02:04 PM
    Hi,

    I am in a similar situation. I am in US on B1 visa and accidently damaged my passport.

    Both my passport and I-94 are mutilated. Duplicate passport takes 6-8 weeks and I-102 takes close to 3 months.

    What should I do? My exit date as per I-94 is Aug,25th.

    Vinay,
    Can you please tell me how did you manage to get duplicate passport in such a short time?

    Regards,
    Gaurav Kapoor




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  • eucalyptus.mp
    02-16 03:37 PM
    I am working in US from Feb 2007 to till date. I was on H1-B visa This H1-B petition is valid till 30 sep,2009. I am currently on project which ends on 31 March 2009 . Before that I want to change my employer .
    Some ppl suggested me Transfer H1 with extention immediately. Some said that stay with current employer have extention and then transfer .
    Is there any problem now a days for H1 Transfers ?
    Please give me your valuable suggestions.



    Thanks...




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  • rkotamurthy
    09-30 08:10 PM
    bump ^^^^



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  • abracadabra102
    11-19 08:18 PM
    Chris, Can you change the title. This is actually good news. USCIS is coming out with some real solutions now. It is known quite for some time that USCIS data capturing is so poor, they can not sort and order AOS applications on PD. We know how they issued GCs to 2006 PD ahead of 2002/2003 PDs this august. If this email thing works correctly, we can expect steady movement of cut off dates in future instead of wild jumps back and forth.




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  • herns
    03-07 08:38 PM
    I dont know what country you belong to. Only issue here is, if you get an RFE when you're unemployed.
    [/I]

    THanks for your reply.

    I fall under 3rd employment based category that got stuck May 01, 2005.
    http://travel.state.gov/visa/frvi/bulletin/bulletin_4428.html

    I have few colleagues that got only 1 (one) RFE for their I-485 such as birth certificate, one got missed physician signature on one document, the other got no RFE and the green card did just appeared. How I wish I could have an RFE similar with these or nothing at all.



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  • goel_ar
    12-21 11:29 AM
    Thanks for responding.

    Is it even true when H1 was supposed to be effective October Ist? I understand that I got new I-94 on Jun 30,2008 but with effective date of Oct 1, 2008; so I understand that my H1 status will be effective in system on october 1st, not before that?

    Anyways, I have an infopass appointment on Tuesday & see how it goes.
    It is quite confusing.. I think going to Canada/mexico is risky as I don't have any paystubs on H1, so going to my home country (india) might be the only option.

    Does anyone know how long does it take for Change of Status application (i-539) to get approved? The processing date at Vermont Center shows it as "Feb 2008" right now.

    Thanks,
    AG

    Goel_ar,

    Your manner of last entry is the status that you are currently on. Thats a fact.

    This is most probably what happened in your case. You were first on H-4, then H-1 got approved in June'08. In the H-1 approval notice, did you get an I-94 attached at the bottom. If yes, then your status changed to H-1 automatically. Now, since you got back into the country in Sept'08 on H-4, it changed back to H-4.

    Either you have to go to a consulate aboard and get H-1 stamp and enter using H-1 visa. Or apply for change of status within the country. However, whenever you leave the country, you will have to apply for H-1 visa stamp and use it later to enter.

    Hope it helps.




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  • iam_amit
    02-21 12:52 AM
    is it safe to apply change of status from H1b to H4 while staying in US and once she gets a job can get stamping out of US as H1B with supporting docs.

    H1b-H4-H1b



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  • number30
    02-26 10:13 PM
    Thank you. I was going to reply to Dealsnet and state that, but you beat me to it.

    On a side note, i was going to add that out of status itself does not determine the start of the clock, for the 3 and 10 year bans, .. that would be "unlawful stay" determined from the expiration of the date on the I-94 OR an administrative determination of unlawful stay based on when they discovered the out of status situation. However, for the above purposes [GC based on marriage], this point is moot.

    Moreover 3/10 ban will apply only when someone is trying to re-enter US. That means if you stay in US until you get green card ban will never affect.




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  • abhijitp
    01-18 05:23 PM
    Looks like a good deal to me:-)
    I am about to complete writing my letter, and it will be out by this weekend.



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  • ramaonline
    11-19 03:16 AM
    F1 requires non-immigrant intent. Change of status to F1 may be difficult once you have filed for I140/485




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  • satishku_2000
    08-03 04:43 PM
    I understand everyone is anxious but this is simple language. I am sure you can 'decipher' it


    I am not sure whether you got a chance to read the whole thread. :) In normal circumstances there is no need to decipher...:)



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  • Blog Feeds
    05-19 08:10 AM
    Mexican President Felipe Calderon will meet President Obama and address a joint session of Congress this week. And immigration is expected to be front and center during his meetings.

    More... (http://blogs.ilw.com/gregsiskind/2010/05/mexican-president-expected-to-make-immigration-key-issue-during-dc-visit.html)




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  • sanjay
    05-21 07:30 PM
    July 2009
    July 2010
    July 2011
    July 2012...or

    By the way things are moving backwards, We will be awarded GC posthumously in a Rose Garden Ceremony by the President (who will be my son since he was born here and eligible to be come President. He will be contesting elections in 2060 under 'American Nava Nirman Sena' Ticket).

    Good comment BPforGC. Sad ( because even I find myself in same boat ) but a true prediction.



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  • gc_eb2_waiter
    07-26 11:18 AM
    Any thoughts?




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  • rbalaji5
    03-02 08:02 PM
    Thanks all for the very useful informations. Yes - I called the DI office today. As per their instruction, booked the infopass appointment for SFO. I will update the result soon.

    As Informed I went SFO Local CBP/USCIS office through infopass appointment. The IO said that they did it as per the law. Also they suggested me to go U.S- Mexico border to get the new I-94 by paying $6.

    As per their advise, I went to San Ysidro, (Tijuana) US - Mexico border. Crossed the border by walk, came back to U.S and got the new I-94 by explaining the situation. IO at POE understood the problem and gave the new I-94 without any issue.



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  • lost_in_gc_land
    01-24 01:46 PM
    Hi
    Am in the same situation, 221(g) yellow form Mumbai since mid-November. Still in India awaiting further indication from the consulate. Have had lawyers call DOS, have called the consulate a few times but the response is standard - awaiting feedback from Washington, no way to expedite.
    Sucks...sorry you have to go through this too. Feel free to pm me if you like




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  • andycool
    07-18 11:05 AM
    here is a brief account of my, and my spouse's, arduous but successful journey toward the coveted green cards. i hope this account helps you somehow.

    (note: what you read below is all of what i am willing to share. i have spent a lot of time in typing it. i will not have the time or inclination for any elaborations or explanations!)

    1. landed in the united states on f-1 visa -- september 2000.

    2. arrested on misdemeanor shoplifting charge after prank went awry -- june 2001; judge dropped charge in july 2001 and also sealed and expunged the record.

    3. changed from f-1 to h-1b upon accepting job offer from employer A, via about two months of c.p.t. in september 2003 (never used o.p.t.)

    4. obtained labor certification in may 2004, and approval of i-140 (via eb-2) in march 2005, both via employer A. (priority date was, hence, may 2004).

    5. got married in home country in june 2006; spouse landed in the united states on h-4 in november 2006.

    6. graduated with advanced degree (and high academic honors) in december 2006.

    7. transferred h-1b from employer A to employer B in september 2007; abandoned employer A's i-140 approval.

    8. spouse, who had been on h-4 since november 2006, changed to f-1 in september 2007 to pursue advanced degree; spouse graduated in may 2009.

    9. arrested in april 2008 for driving while visually impaired; convicted and punished by judge with three-month driving probation and fine.

    10. obtained new labor certification in march 2008 and obtained new i-140 approval (again via eb-2) in september 2008; both via employer B.

    11. mailed i-485s for self and spouse in october 2008; did not realize while mailing that the priority date had recently retrogressed (had no attorney assistance); but uscis accepted petitions, cashed checks, and processed the i-485s by sending self and spouse biometric appointments and an r.f.e. (for spouse).

    12. transferred h-1b again, from employer B to employer C, in june 2009, more than 180 days after i-485s had been pending; spouse simultaneously applied for change of status from f-1 to h-4.

    13. self and spouse invited for i-485 interviews in october 2009 based on self's i-140 approval obtained through employer B; i-485 petitions denied because priority date had not been current when filed; self and spouse shocked and in near-panic! self began to consider restarting green card process from i-140 stage, this time via eb-1.

    14. h-1b extended in december 2010 for a year, via employer C's petition; at time of extension approval, self's original six years on h-1b had elapsed.

    15. re-filed i-485s in january 2010, this time with attorney's help (mainly to write cover letter).

    16. self and spouse invited for i-485 interviews again in june 2010, based on second i-485 petitions (based on self's i-140 approval obtained via employer B, even though at this time self was with employer C with previously denied -- for a technicality -- i-485s); i-485 petitions approved at the interview -- jai siyaram!

    17. self and spouse received approval notices and "card production ordered" emails, all dated 13 days after interview.

    18. received green cards and "welcome to the united states" fliers, both in july 2010, 29 days after i-485 interviews -- jai shri krishna!

    notes in conclusion:

    1. the green card process via employment, from h-1b through i-485, with possible multiple approvals/denials of each, is daunting due to the time and expense involved (including possible cost of attorney)

    2. uscis's emphasis on technicalities can be frustrating; in our experience, approval of a i-485 is ultimately a discretion exercised by a single reviewing officer.

    3. overall, applicant and any spouse/kids (a) must have maintained legal status throughout the h1b through i-485 process, and (b) must never have been convicted of felonious assault or moral turpitude.

    4. in the end, applicant would find that the immigration system works, slow though it is because of congressional quotas and a somewhat slothful or myopic uscis.

    5. i offer my best wishes to all that are reading this, regardless of citizenship. as a proud (and relieved!) new permanent resident of the united states, i say to you, "good luck and an advance welcome!"

    reminder: what you read above is all of what i am willing to share. i spent a lot of time in typing it. i won't have the time or inclination for elaborations or explanations but, most sincerely, i wish you well!

    Dude ,

    Its indeed a long Journey ....

    Enjoy

    Thanks




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  • NKR
    03-06 04:21 PM
    Guys:
    Everyone is talking EB2....what are the prospects for EB3 - India??

    Is it going to move forward..??

    Good Luck..??
    2002

    Well.. Everybody stopped talking about EB2. It is predicted that EB2 will be unavailable till Oct 2008 and after that nobody knows how EB2 dates are going to move.

    As for EB3, there could be a small movement of 2 to 3 months, I do not think there will be any more movement than that.




    pamposh
    09-15 03:42 PM
    Just doesnt make sense at all.
    Even EB1 is way behind EB2.
    Maybe they are being sadist and trying to divide n rule.

    I don't think they are going to have any success in that. They have been building our stamina for this kind of stuff for a long time now.. and as sad as it gets but the fact is it just made me laugh so hard....coz this is just plain "impossible" and can not be true... they can't get this efficient, it is against their policy :eek:




    hebron
    04-03 12:31 PM
    Hi Bobby,
    I'm sorry, I'm a little confused now. Maybe its just me.

    Couple of questions, if you don't mind.

    1. Did you go on your vaction after getting your 3 year extension based on your approved I-140?

    2. Did you apply for 3 year H1-b extension even though your passport was not renewed?

    3. Did you renew your passport before you travelled on your vacation? I am asking this just to know which passport had your visa stamp?

    4. Did UCSIS approve your H!-b extension for 3 years and does the I-94 on your I-797 indicate that the new H1-b is valid for 3 years?

    Thanks



    I returned to the US last year after a vacation and while my current visa's expiration date is July 2007 the customs official would only stamp my I-94 & authorize entry until May 2007 when my passport expires. My lawyer has applied for our extension using copies of my passport which is expiring soon but she advised that USCIS would need a copy of the new passport with new expiry date before approving my extension. The lawyer says your passport has to have an expiry date after the date of expiration of your visa extension. I will get a new I-94 with my visa extension btw this extension is the 3 year extension as our I-140 is approved but we have not filed for adj. of status yet. PD 5/03 EB3 ROW



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