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  • Prazz002
    07-19 02:06 PM
    I think this applies only for existing cases that is if you already have a EAD number and applied for renual.





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  • senthil1
    01-12 01:13 PM
    You cannot use your Priority date if it is denied.

    Dear Attornies,experts

    My perm was denied recently because "The wage listed in the SWA job order is less than the wage offered to the foreign worker", It took DOL almost one and half years to determine this after a business necessity audit. I am going to start a new application now. What are my chances for an appeal by providing corrected supporting documents, can I apply a new application while an appeal is in progress..

    Can I have multiple PERM applications from multiple employers at the same time, with different position titles?

    Is there anyway of taking advantage of the old priority date application that was denied with a new application.

    I almost lost 2 years in priority date because of this denial...

    Please suggest...





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  • ssd213
    02-25 04:53 PM
    Bear in mind the following

    You dont need to pay any tax in India for money that you withdraw from your 401k for only upto two years after you return back to india. (your are no longer a nri and the 2 years is the buffer)

    For any money you withdraw after 2 years, you need to tay tax in US (which shouldnt be a lot if you withdraw little by little and you being non-resident of usa) and also pay tax in india (which could be quite a bit)





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  • amulchandra
    02-06 06:47 PM
    Actually the reply I got was from the attorney(who is HR head I believe) of the non-profit organization itself. What I was told that some companies do accept volunteers but due to ignorance of law on their part.

    Volunteering itself means one is not paid for. But H4s cannot volunteer in their own field of expertise. This is what I understood.

    Anyway I am planning to file my H1 this year.

    On the lighter side of everything may be he is a member of numbersusa...



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  • maverick_joe
    05-06 09:22 AM
    and secondly there is no i-140 premium processing as of now..:(





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  • piyu7444
    09-15 11:56 AM
    Hello,

    My wife got her H1B approved last year and her start date was 10/01/07. She started working towards the end of Nov. She did not get any paychecks for 2007 before Dec 31st and started getting paid only in 2008. So she did not receive a W2 for 2007. I am about to file my tax for 2007 (had filed an extension) and would like to know the following.

    1: I assume this should not impact me from filing a joint return. Am I right ?

    2: Would I qualify for the stimulus check for $1200 since both of us were employed in 2007 ? Since she did not get a W2, I was not sure if I would get only $600.

    3: Both of us have filed for I-485 and our applications are pending approval. Would there be any problem with her I-485 in the future (like any query) since in 2007, her status was converted to H1B (from H4) and she did not get a W2 ? I am being told USCIS does a complete background check on the applicant with respect to each status he/she has had.

    Thanks in advance.

    For point # 3 you can always tell USCIS that she joined the company in Nov 2007. It is not required to join the co. on Oct 1 although one gets converted to h1b from h4 when you change status in US. There is something like late joining also hence no pay !

    Obviously the employer should have paid her but if she is working thru a desi firm I would understand what would be the case......

    I do not think this will impact your 485 as long as you have pay chqs. coming for her in continuation thereafter and w-2 for 2008 meets the Amount on h1b LCA. USCIS will generally look for w-2 and might ask for recent pay stubs.

    I have been interviewed for 485 (random pick) and they did not care to look at my pay stub even when I asked them to.........

    Ensure that w-2 has the correct numbers else it can be trouble.

    Consult a lawyer as all the above is my experience and limited knowledge.......

    Hope it helps!!



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  • boston_gc
    09-24 08:21 PM
    If you need to retain your PD, does the job description need to be similar or can it be different?





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  • nivasch
    02-09 02:27 PM
    willgetgc2005

    Check this Out:
    Q. How do I make a complaint against my attorney or representative?
    A. If the complaint concerns the conduct of an attorney or representative in a matter before the Immigration Court, BIA, or DHS, you may complete a Form EOIR-44, �Immigration Practitioner Complaint Form� but it is not required. You may write your own complaint statement or letter. This statement or letter must include.


    Your name and address,
    The attorney�s or representative�s name and address,
    An explanation of the circumstances and details of your complaint, and
    Your signature.
    Along with your Form EOIR-44 or your own complaint statement or letter, you may also submit supporting documents and information, such as:

    Correspondence between you and your attorney or representative,
    Documents concerning the underlying immigration case (including the case name and number), and
    Copies of filings in connection with the case.
    Neither EOIR nor DHS can accept complaints over the telephone.
    Source: http://www.usdoj.gov/eoir/press/00/profcondfaks.htm

    =======================

    Hi,

    I am having issues with my Immigration Attorney. I had asked him to initiate
    enquiry about my 485 status about 3 times over the past 2 years and each time he replied via email saying he has sent the enquiry. he usually is very flaky and at times even lies or avoids my calls and emails. I am paying for his
    service and not my company.

    In nay case, I needed those documents he says he sent as enquiry for my records. When I ask for it, he says he will send it but is just not sending it despite about 10 follow ups over the last 3 months. He says he will send it.I suspect he never initiated the enquiry and just lied to me. So now he is in soup.

    He has screwed me and others up like this several times. I really want to refer him to ethics tribunal or something like that. What are my options ? I have been very frustrated with him for the last several years.

    Please suggest.



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  • gbof
    05-01 07:42 AM
    One of my friend who applied for an EAD renewal got it approved. But it went back to USCIS as undeliverable by post office. So he calls USCIS and opens an SR, and the rep says that his PR card application has been approved and will be remailed to him. Which means, they initially sent the GC instead of EAD. Can this happen? His PD is not current, he is from india with a PD of 2004.

    Also, after he opened an SR for this, he received a notice from USCIS via postal mail that an SR was created and that they are remailing the PR card and if he does not receive it within 60 days, he needs to call them.

    I told him that they are mistaking PR card for an EAD card and its the EAD card thats coming back to him. Anyone here had such an experience?? And defenitely my friend is just not excited too as he knows USCIS does not even know to put the correct card name in the notice.


    most likely, they are talking abt EAD.
    BTW: Did you receive your EAD yet? If so was it 1yr / 2 yr duration?. Your's is an interesting case of being approved within 1-week (altough filed before 120 days of expiration and mailed at the wrong center)





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  • vontlin
    10-03 06:39 PM
    My student advisor asking me to show the I-94 Parole not expired, i didn't renew my AP last year since i was not going to travel.

    Question is, do we need to travel every year to show the I-94 unexpired to get the FAFSA Loan



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  • cooldudesfo
    12-16 08:31 PM
    Thanks BelmontBoy for the information.

    I also end up calling German Embassy and they told me that as long as you have extended H1B petition handy, VISA is not required.

    Thanks to both of you again.





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  • masterfender
    04-26 09:27 PM
    Hi guys,

    Some of may think "Wait for the actual letter to come" but I feel too nervous and just want to share my thoughts. I applied for EB5 and my I526 was approved. Then I applied adjustment of status and got an I485 RFE. Have not got the letter yet but got the email that my case is on hold right now. Can you tell me about the RFE? Is that common? Is that the first step of denial? I'm so nervous right now. I will write what they are asking when I got the letter which I'm expecting on Tuesday or Wednesday. Thank you very much.



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  • saketkapur
    05-07 12:43 PM
    Its not mandatory.....you can file it anytime........its totally up to you and your immigration lawyer depending on your situation.
    You will still need to meet the requirements of wage and same or similar job criteria whenever(if) you decide to file it or get an RFE.





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  • chanduv23
    09-15 08:40 PM
    Thread number 8 by Chandu......you must have filed under EB - "Too much time on my hands"

    Whatever you say I take it - BUT PLEASE DO MAKE IT TO DC AND TRY TO MOTIVATE PEOPLE



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  • ashoka
    09-26 02:28 PM
    I think everybody has LUD 08/05. So it does not help. I applied 485 on 08/08.





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  • vaishnavilakshmi
    06-22 11:16 AM
    Hi,

    U can save the pdf files as u save ur word docs or floppy symbol to the left side on the top bar as u know .But cannot edit the pdf files unless and until u have pdf writer in ur system.

    Hope this helps u,
    vaishu



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  • seattleGC
    02-24 08:28 PM
    I totally agree. There has to be some way to differentiate else we will be stuck in another retrogression with a few millions people in line.



    Hi Guys,
    In my humble opinion simple and easyway to distinguish ourselves from illegal immigrants is to have a premium processing for GC. What ever may be the solutions there will always be backlogs either in Labor or I140 or I485 because we are on the same track as millions of others..

    From DOL perspective there is no benefit for them to process our applicatins faster than other applications..or they may simply be lacking resources to treat us as we want them to..

    I don't think any high skilled professional would mind paying lilttle extra ( or significantly extra) if the process is certain and fast because once we have the GC we will not be at mercy of employers at the time of raises or need not be stuck in less paying jobs etc..
    I request IV to incorporate this in their agenda.

    Cheers





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  • nozerd
    02-01 12:59 PM
    At POE they will ask you for an address for the PR card. Normally at land border they are strict and wont take a friends address etc. At airport they tend to be easier on you in accepting any address.

    You dont need to do anything else. You may apply for a SIN number (Canada equivalent for an SSN) so that in the future if and when you do move there you can start working from day 1 because YOU WILL need SIN to work in Canada.

    Many also start a bank account to show ties. You can do this depending on how much chance you think there is if you move there in the next 3 yrs before you loose your PR status.





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  • lazycis
    12-03 01:02 PM
    No, you don't have to be employed while in EAD but do remember GC is future job, if have something to show them then you are safe.

    Correct, with a few exceptions:
    1) I-140 can be automatically revoked if the petitioning employer goes out of business.
    2) I-140 can be withdrawn by the petitioning employer.

    If you do not expect these two events while you are waiting for I-485 approval, there is no need to work.





    martinvisalaw
    01-12 02:19 PM
    My husband and I are British, not sure if that slows things up or down :)

    Being British makes it as fast as anyone. India, China, Mexico and the Phillipines are sometimes slower.





    Karthikthiru
    07-18 01:14 AM
    We all should organize and fight for Recapturing the VISA numbers and also for SKIL bill

    Karthik



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