Koki
11-01 12:08 AM
To err is human. Just tell them the mistake done and it will be corrected manually. I made a mistake too. I took two copies of the form with me - one hand corrected and the other without the correction. Show them both if needed.
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02-14 12:48 PM
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ck_b2001
07-19 10:54 AM
guess what i have a question. this is what happened. we are married in india quite sometime back, however, we had no marriage certificate and could not get one from india after trying for a long time. so we got married again here itself some weeks back. we had been filing tax as a couple until now. how to amend that?
you are in a country where marriage is not required to live together. I bet many couple file tax jointly even though they are not married officially so you should be okay.
you are in a country where marriage is not required to live together. I bet many couple file tax jointly even though they are not married officially so you should be okay.
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Lasantha
07-31 07:28 AM
For evaluations try Sheila Danzig at http://www.thedegreepeople.com/
From personal experience I know she is well qulaified for this kind of evaluations. She gives you a very comprehensive evaluation. I can honestly say that I have my GC now because of her. I have been recommending her ever since.
Hello,
I just received RFE for I-140.
I-140 Details:
I have applied I-140 under EB2 India.
I have BS(3 years) with computer science & MCA(MS 3 years) in computer science. So total 6 years of education in computer science(3 yrs BS + 3 yrs MS).
Also I have 1.5 years(18 months) of experience after completing my MS. I have submitted my experience letter at the time of filling labor But USCIS didn't ask anything regarding experience.
In labor(PERM) we mentioned Masters required
& Major field of study is Computers.
Do I qualify for EB2?? Plz let me know.
RFE details:
1) Degree evaluation(what's the procedure?)
&
2) They want most recent W2 for 2007.
In 2007(W2) I got paid $59K(gross) & in LCA(H1B) prevailing wage mentioned is $55k.
In labor(PERM) prevailing wage mentioned is $63K & offered wage mentioned is $65K.
Difference between W2 & Prevailing wage in labor(PERM) is $4000($63K - $59K).
Difference between W2 & Offered wage in labor(PERM) is $6000($65K - $59K).
Is this a serious problem???
My labor already got approved.
My company is financially very good.
Now which wage USCIS consider or match with W2??
I will really appreciate your response.
Thanks.
From personal experience I know she is well qulaified for this kind of evaluations. She gives you a very comprehensive evaluation. I can honestly say that I have my GC now because of her. I have been recommending her ever since.
Hello,
I just received RFE for I-140.
I-140 Details:
I have applied I-140 under EB2 India.
I have BS(3 years) with computer science & MCA(MS 3 years) in computer science. So total 6 years of education in computer science(3 yrs BS + 3 yrs MS).
Also I have 1.5 years(18 months) of experience after completing my MS. I have submitted my experience letter at the time of filling labor But USCIS didn't ask anything regarding experience.
In labor(PERM) we mentioned Masters required
& Major field of study is Computers.
Do I qualify for EB2?? Plz let me know.
RFE details:
1) Degree evaluation(what's the procedure?)
&
2) They want most recent W2 for 2007.
In 2007(W2) I got paid $59K(gross) & in LCA(H1B) prevailing wage mentioned is $55k.
In labor(PERM) prevailing wage mentioned is $63K & offered wage mentioned is $65K.
Difference between W2 & Prevailing wage in labor(PERM) is $4000($63K - $59K).
Difference between W2 & Offered wage in labor(PERM) is $6000($65K - $59K).
Is this a serious problem???
My labor already got approved.
My company is financially very good.
Now which wage USCIS consider or match with W2??
I will really appreciate your response.
Thanks.
more...
lord_labaku
10-05 06:20 PM
Guys,
These are standard trick questions. Its done quite frequently...maybe you guys dont travel frequently....but enforcing officers...like cops, security people, immigration check post officials are all trained to ask obvious, simple straightforward questions and supposed to judge your behavior, body language....not the exact answer....next time....try giving like a really long winding answer and see if they even care.....half way through your answer...they would have already stamped your passport.
These are standard trick questions. Its done quite frequently...maybe you guys dont travel frequently....but enforcing officers...like cops, security people, immigration check post officials are all trained to ask obvious, simple straightforward questions and supposed to judge your behavior, body language....not the exact answer....next time....try giving like a really long winding answer and see if they even care.....half way through your answer...they would have already stamped your passport.
fionaapple20
11-27 03:54 PM
I have the same set of questions - posted in another thread - http://immigrationvoice.org/forum/showthread.php?t=15716
more...
xbohdpukc
01-09 02:11 PM
why are we assuming that the parents are illegals?? as far as I know, it has not been reported anywhere in the media that the parents were here illegally. if it has, please post relevant links.
as for being a legal resident, do the rules state that you need to be a legal resident for immigration benefits or tax benefits?
For IRS purposes, 180 days or more on a valid non immig. worker status and you are a legal resident.....
legal resident is incorrect term for tax purposes. IRS treats you as a resident for tax purposes. LEGAL/ILLEGAL terms are borrowed from the immigration law realm and I believe that it was the intent of the contest rules. I also agree with the point, that TRU were just following the rules and they should not have changed their stance on the matter.
as for being a legal resident, do the rules state that you need to be a legal resident for immigration benefits or tax benefits?
For IRS purposes, 180 days or more on a valid non immig. worker status and you are a legal resident.....
legal resident is incorrect term for tax purposes. IRS treats you as a resident for tax purposes. LEGAL/ILLEGAL terms are borrowed from the immigration law realm and I believe that it was the intent of the contest rules. I also agree with the point, that TRU were just following the rules and they should not have changed their stance on the matter.
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newlife2
09-19 10:12 PM
Guys, I was just laid off and have efiled i539 3 days after the termination date for a status change to F2. Now working on the application letter. Do you think I should mention the layoff in the letter?
If I do mention it:
Con: The layoff might quickly catch the eyes of the immigration officer and if he want to check my status, he could find out the 3 days OOS.
Pro: My previous job was well paid. By mentioning it, I give the reason that why I want to stay at home as F2 instead of keeping the well paid job.
I guess I will mention it in the letter to explain the whole situation and hope everything will be all right. Let me know if anybody disagrees asap, I will mail out the stuff with in next two days.
If I do mention it:
Con: The layoff might quickly catch the eyes of the immigration officer and if he want to check my status, he could find out the 3 days OOS.
Pro: My previous job was well paid. By mentioning it, I give the reason that why I want to stay at home as F2 instead of keeping the well paid job.
I guess I will mention it in the letter to explain the whole situation and hope everything will be all right. Let me know if anybody disagrees asap, I will mail out the stuff with in next two days.
more...
ChainReaction
06-25 08:42 AM
My I140 is pending at Texas Service center ,so i will be mailing my 485 at the address stated @ TSC I140 receipt notice.
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smuggymba
03-30 08:34 PM
To the Admins - I went in to update my PD on the profile, the latest date is oct 2009. Can you please update.
more...
tonyHK12
10-11 11:11 AM
It not the right time to start campaign. All policians will be busy in elections an they may not hear waht we say. After elections may be the right time to do.
On the contrary, Immigration is one of the top issues now, and the stand on illegals and legals will be part of the campaign, besides jobs, economy, health care.
Their main work in campaiging is talking about how they will fix issues (Bills) and what they have done so far.... blaming others, etc.
They can do the dirty work for us in communicating to the public about EB visa increase and legal immigration issues.
On the contrary, Immigration is one of the top issues now, and the stand on illegals and legals will be part of the campaign, besides jobs, economy, health care.
Their main work in campaiging is talking about how they will fix issues (Bills) and what they have done so far.... blaming others, etc.
They can do the dirty work for us in communicating to the public about EB visa increase and legal immigration issues.
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GC Khichdi
10-24 03:44 PM
Once H-1B extension is received, one gets all the luxuries like any other H-1B. You can change jobs any day you want. Having that said, there are few things you have to re-do. Get the H-1B stamped if you change jobs. You have to re-start the GC process from scratch, yet you get to keep the PD and at the same time can switch to any EB catagory.
Before LC PERM process started, people didn't change jobs as LC could take any where from 2 to 4 years and re-starting the GC process was just no brainer. Now, as it takes 45days or less (theoraticaly) people easily change jobs and get H-1 transferred as well as get new GC process started and get LC in 45 days and then I-140 approved (with premium processing) in another 2 weeks.
So you once you change jobs you can get to the same stage where you are in two months if you start GC process right-away.
For tips to the other readers.
Some employers has company policy where they support the H-1 transfer (financially also) and then one has to wait for 1 or 2 years before they initiate GC process. The mostly the excuse is "Budget is fixed for a year".
One can propose a solution to this. Ask them, "What if I pay for the charges incurred for GC process if they agree to initiate right away and when s/he finishes one year of employment, reimburse the charges"
This has worked in many cases as doing such bothe employer and employee gets best of both worlds.
Before LC PERM process started, people didn't change jobs as LC could take any where from 2 to 4 years and re-starting the GC process was just no brainer. Now, as it takes 45days or less (theoraticaly) people easily change jobs and get H-1 transferred as well as get new GC process started and get LC in 45 days and then I-140 approved (with premium processing) in another 2 weeks.
So you once you change jobs you can get to the same stage where you are in two months if you start GC process right-away.
For tips to the other readers.
Some employers has company policy where they support the H-1 transfer (financially also) and then one has to wait for 1 or 2 years before they initiate GC process. The mostly the excuse is "Budget is fixed for a year".
One can propose a solution to this. Ask them, "What if I pay for the charges incurred for GC process if they agree to initiate right away and when s/he finishes one year of employment, reimburse the charges"
This has worked in many cases as doing such bothe employer and employee gets best of both worlds.
more...
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surabhi
06-02 10:50 AM
NKR, thanks . I am considering that option.
Can you please tell if I do the L1 Extension, will it NEGATE the approved H1 ?
tricky situation indeed and I think it depends on how the "Last action rule" gets interpreted. A telphone consultation with attorney is probably in order.
To my mind, going out of country and reentering is envitable in either situation.
1) you apply for L1 extension, get that. Then to be able to work on H1, you need to exit and reenter to get a H1 based I-94 since the last action was approval of L1 extension.
Attorney should confirm this.
2) Let L1 expire. Exit country upon expriy of L1 and reenter using I-797 for H1.
3) apply for L1, doesnt get approved until 10/01 then you are obviously starting on H1 on 10/1 and no further action required. Again attorney is best one to confirm
In essence, in any event, you will not lose H1, but might have to go thru hassle of exit / entry to change status
Can you please tell if I do the L1 Extension, will it NEGATE the approved H1 ?
tricky situation indeed and I think it depends on how the "Last action rule" gets interpreted. A telphone consultation with attorney is probably in order.
To my mind, going out of country and reentering is envitable in either situation.
1) you apply for L1 extension, get that. Then to be able to work on H1, you need to exit and reenter to get a H1 based I-94 since the last action was approval of L1 extension.
Attorney should confirm this.
2) Let L1 expire. Exit country upon expriy of L1 and reenter using I-797 for H1.
3) apply for L1, doesnt get approved until 10/01 then you are obviously starting on H1 on 10/1 and no further action required. Again attorney is best one to confirm
In essence, in any event, you will not lose H1, but might have to go thru hassle of exit / entry to change status
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ddeka
09-17 10:54 AM
What happens once someone has entered on AP and 1 year passes..is it an overstay after a year????
No - there is nothing to do your status with AP.
No - there is nothing to do your status with AP.
more...
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the_jaguar
03-25 10:46 PM
Thanks for the wishes, folks. I wish you all the very best too. Here are some answers:
You said you didn't get a chance to file for I 485 with company A , means you did transfer H1b. Did company A withdraw before you transfered H1b ? Did you do transfer with in initial 6 year of H1b ?
Actually, my first I-140 was approved after I left the company. For some strange reason, Company A didn't withdraw the application immediately, but waited until it got approved - they were probably hoping that I would go back to them, which I might still do. We parted on good terms.
Yes, I did transfer my H-1B and I was within my initial 6 year period.
Once your I-140 is approved and even if the employer files to revoke the I-140 it will not affect your status. It is at the discretion of the USCIS to revoke the approved I-140. USCIS will revoke the approved I-140 if it detects that it was fraudulently obtained.
Now to answer your question : Even if company A files to revoke I-140 before the individual files for H1 transfer, it does not make a difference to the individual.
In my case, I know that company A filed to withdraw my I-140 for sure. This will be hard to believe, but it's true: both company A and company B use the same law firm, so my lawyer knew that company A had withdrawn my I-140. Yes, the approval is at USCIS's discretion, but this is a grey area - Yates memo says that the priority date can be retained as long as the application has not been revoked by USCIS due to fraud, but the law seems to be a bit ambiguous (I am not a lawyer though). This ends up making each of these cases unique. I am just happy that I didn't have to go through a lengthy MTR process...
You said you didn't get a chance to file for I 485 with company A , means you did transfer H1b. Did company A withdraw before you transfered H1b ? Did you do transfer with in initial 6 year of H1b ?
Actually, my first I-140 was approved after I left the company. For some strange reason, Company A didn't withdraw the application immediately, but waited until it got approved - they were probably hoping that I would go back to them, which I might still do. We parted on good terms.
Yes, I did transfer my H-1B and I was within my initial 6 year period.
Once your I-140 is approved and even if the employer files to revoke the I-140 it will not affect your status. It is at the discretion of the USCIS to revoke the approved I-140. USCIS will revoke the approved I-140 if it detects that it was fraudulently obtained.
Now to answer your question : Even if company A files to revoke I-140 before the individual files for H1 transfer, it does not make a difference to the individual.
In my case, I know that company A filed to withdraw my I-140 for sure. This will be hard to believe, but it's true: both company A and company B use the same law firm, so my lawyer knew that company A had withdrawn my I-140. Yes, the approval is at USCIS's discretion, but this is a grey area - Yates memo says that the priority date can be retained as long as the application has not been revoked by USCIS due to fraud, but the law seems to be a bit ambiguous (I am not a lawyer though). This ends up making each of these cases unique. I am just happy that I didn't have to go through a lengthy MTR process...
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immi2006
05-10 10:52 AM
http://www.wsmv.com/global/story.asp?s=4883792
WASHINGTON The U-S Senate is crafting legislation that would require employers to check the Social Security numbers and the immigration status of all new hires.
Employers who don't and who hire illegal immigrants would be subjected to fines of two hundred- to six thousand dollars per violation.
And once an electronic system is up and running, fines can jump to as much as 20 thousand dollars, along with the spectre of actual prison time.
In the immigration law of 1986, Congress left it to employers to ensure they were hiring legal workers, but the law was not strictly enforced and the market has become swamped with fraudulent documents.
Reported on http://www.immigration-law.com/.
Here is the Linnk for the news article.
http://news.yahoo.com/s/ap/20060510/...tion_employers
This looks good.If the Employers stop hiring Illegals, the Problem of Illiegal Immigrants would be solved to a very large extent.
We have Illiegal Immigrants coming from all over the World, because they are assured of an hourly salary of 5$/Hr(which is very handsome, compared to the situation in their respective countries).
If they stop getting employment,they would not have any incentive to take the risk of coming in here as an illegal immigrant.Ofcourse, there will still be people crossing over but that would be just a trickle as compared to the Thousands who cross over every single day.
This move is logical and more practical.If the internal mechanism is strengthened, there is no need spend Billions of $ to try to seal the Southern Borders through a wall or fence.
WASHINGTON The U-S Senate is crafting legislation that would require employers to check the Social Security numbers and the immigration status of all new hires.
Employers who don't and who hire illegal immigrants would be subjected to fines of two hundred- to six thousand dollars per violation.
And once an electronic system is up and running, fines can jump to as much as 20 thousand dollars, along with the spectre of actual prison time.
In the immigration law of 1986, Congress left it to employers to ensure they were hiring legal workers, but the law was not strictly enforced and the market has become swamped with fraudulent documents.
Reported on http://www.immigration-law.com/.
Here is the Linnk for the news article.
http://news.yahoo.com/s/ap/20060510/...tion_employers
This looks good.If the Employers stop hiring Illegals, the Problem of Illiegal Immigrants would be solved to a very large extent.
We have Illiegal Immigrants coming from all over the World, because they are assured of an hourly salary of 5$/Hr(which is very handsome, compared to the situation in their respective countries).
If they stop getting employment,they would not have any incentive to take the risk of coming in here as an illegal immigrant.Ofcourse, there will still be people crossing over but that would be just a trickle as compared to the Thousands who cross over every single day.
This move is logical and more practical.If the internal mechanism is strengthened, there is no need spend Billions of $ to try to seal the Southern Borders through a wall or fence.
more...
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devikas81
09-11 09:24 AM
R u on H1B or on EAD, If you are on EAD, can you pls. tell me what documents you sent to USCIS for AP renewal, The reason i am asking is because last year when i renewed my EAD and AP, at that time i was on H1 but now i am on EAD.
I really appreciate your reply,
Thanks,
I really appreciate your reply,
Thanks,
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kumar.yerr
12-15 10:05 PM
Hi Rb_newsletter,
I thought more paystubs is good. That is why I showed all the paystubs I have.
Regards..
I thought more paystubs is good. That is why I showed all the paystubs I have.
Regards..
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kawosa
08-19 12:43 PM
Just to state some examples: Several of members probably took CFA level II and III exams in June 2008 and the results were out today. These things further increase cohesion among the people as they share more ground than simply being an immigrant.
good to find a fellow CFA candidate/member here... are you done with the exams?
good to find a fellow CFA candidate/member here... are you done with the exams?
umangini
04-15 09:01 AM
Thank you for very good advice.
va_il
05-16 07:25 PM
Thanks PCS. I am not sure congressman office staff will be familiar with USCIS, 485 and such things. That is why i am wonder whats the best way to approach or phrase my question so that they wont be confused but can get their attention.
I plan to book an appointment and drive there ... i guess i can do that right.
I plan to book an appointment and drive there ... i guess i can do that right.
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