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  • yabadaba
    06-18 12:00 PM
    thanks tnite!!!... u r right my opt/h1b overlaped comfortably and i was never out of status





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  • DareYouFireMe
    03-09 04:18 PM
    Doesn't matter....If he is from India/China, Without immigration refrom he is screwed either way....

    If he is EB2 ROW then go with Nov 2006...


    In any case please tell your friend to join IV and contribute to IV.....

    Not sure what you meant by your statement "screwed either way"
    Also, please let me know what does EB2 ROW means. Thanks!





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  • bsbawa10
    09-06 08:51 AM
    What an efficiency and consistency ? And we think Indian govt. offices are slow and inefficient. This is far worse than any other thing that I have heard of. The irony of it is that it is happening in US.





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  • snathan
    06-25 10:38 AM
    Hi all,

    I got my H1-B approved last year (through the lottery) and my start date was 10/01/07. My company was not doing well and so did not hire me until end of Nov. I have been continuously working since then. I did not receive any pay in 2007 and my company has been lagging behind on pay checks.

    Problem: I have received pay checks only till Dec 15th, 2007. Till date, I have not received my W2 for 2007. My husband has filed a tax extension and we have time until 10/15 to file our tax now.

    Questions:

    1: Can my company issue a W2 for 2007 now ?

    2: What are the impacts of not getting a W2 in a year, even though you have legally worked for a company ?

    3: My husband has filed for his GC and is currently waiting for his I-140 and I-485 (both filed concurrently last summer). Will there be any problems in my I-485 because of my W2 issue ?

    4: Is there a problem if my husband files a joint return without my W2 ? Is it even possible ? I do have my SSN and that is the only info that is being asked about me while filing the tax.

    Thanks in advance.

    You company must provide you the W2. Otherwise its illegal. Ask them to give you the W2 or contact IRS/DOL



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  • bala50
    07-26 10:25 PM
    any idea when will this be taken up?


    No idea when the amendment will be taken up. But the bill is currently being debated in senate.





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  • morchu
    05-10 09:41 PM
    Maybe somebody else from here can answer from their experience. But here is what I know from my readings in USCIS press releases related to the infamous July Fiasco.

    1.
    On July 23rd USCIS published a QA and it specifically addresses the issue regarding Fee.
    ==========================
    Q7: Which fees apply to I-765 and I-131 applications associated with AOS applications filed on or after July 30th under the July Bulletin?
    A7. The fee of $180 for Forms I-765 and the fee of $170 for Form I-131 will remain in effect for those aliens eligible to file an employment-based adjustment of status application pursuant to July Visa Bulletin No. 107. These fees will remain in effect for all such applications filed between July 17 � August 17, 2007.
    ==========================
    You have to keep on paying the fees for i765.

    2.
    What is the confusion here? Do as what the instruction says. It is pretty elaborate.
    Copy of your respective passport pages.
    I think there was some wiki's somewhere listing the documents to send for EAD.

    3. Do as the instruction says.

    HI
    I am planning to file a for a fresh EAD or new EAD.
    I had filed 485 on 08/06/2007.

    Now I have the following questions:

    1) I am confused about the filing fee for EAD. Some say Filing fee is dependent on your 485 filign date.
    For example, on usics website under 'Special Instructions' it says (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D)
    "If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date."
    Does that mean I donot have to pay any fee to USICS for EAD application?

    2)What are the documents I have to submit along with I-485 receipt, I-94 copy & 2 photos?
    On the I-765Instr document it says
    "You must submit a copy of your Federal Government-issued identity document, such as a passport showing your picture, name and date of birth; a birth certificate with photo ID; a visa issued by a foreign consulate; or a national ID document with photo and/or fingerprint.The identity document photocopy must clearly show the facial feature of the applicant and the boigraphical information."
    Which document I should provide as per the above statement?

    3)What is the EAD application current processing time for Nebraska as I am in California and have to apply to NSC(Nebraska)?

    Thanks in advance.



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  • alien2006
    07-11 07:54 AM
    Well i just sent a message to my lawyer and this is the reply i received.

    "If her current H-1B has been counted against the cap before, she should be able to return to H-1B status without having to wait for the cap to reopen."

    Pls comment:)

    Yes your lawyer is correct. You count towards the cap only once.

    On the other hand, you mentioned that she is a teacher. If she works for non profit, govt, entities her H1 is also not counted towards the cap. So if she was working for a school earlier on a H1, then if she now wants to move to the industry on a new job, the new H1 will count towards the cap.





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  • manderson
    07-17 10:43 AM
    if u want to change emplpyer you can transfer H1 via premium process to another employer in 2 weeks. you only need paystubs to prove that you were employed for the last 4 yrs.

    as per GC even if you can get your new employer to file it but can't get paperwork from old employer, u'r desparate and wanna file now: u can try substituting ther labor, 140 and experience letter with following (but please know that it might be rejected by USCIS):
    - copies of previous labor and 140 can by usually obtained by filing a Freeedom Of Information Act (FOIA) request through your own (trusted) lawyer. but it will take a couple of months -- in the meantime u could try filing through own lawyer with printouts of approved cases statuses (from USCIS website) along with 797 notices (receipt notice with LIN/ WAC number). hope that USCIS will send an RFE for actual paperwork
    - substitute experince letter with 2 affidavits of experience from 2 co-workers and paystubs

    Disclaimer: Please know that I am not a lawyer so I might be wrong. Please ask an immigration lawyer for advice.



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  • diptam
    08-04 03:46 PM
    http://immigrationvoice.org/forum/showthread.php?t=20598 Though the title says TSC we are trying to write a joint letter covering both NSC and TSC.

    I'm stuck at NSC since May 11th 2007 - no movements. They have purposefully stopped working on EB3 140 at Nebraska

    Mine is pending at NSC since 7th May 2007 under EB2. I can't explain my frustation in words... Don't know what to do...





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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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  • gconmymind
    10-31 01:46 PM
    Some of my friends have already received EADs without the FP.

    I am still waiting for receipts - filed 13th August





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  • dummgelauft
    10-04 09:48 PM
    I've been living in the US for almost 4.5 years now. Last year I was flying from Los Angeles to Las Vegas and the security officer checking the Photo Id./boarding pass at LAX airport asked me the most intelligent question of the century.

    "What's the purpose of your visit to Las Vegas?":confused:

    I would expect this kind of question at immigration check for international arrivals and not on domestic departures. May be took his job too seriously.

    I thought of saying "Gambling, booze and girls" but just answered "Sightseeing" and he let me go :D

    I also had a similar experience in Canada where an officer asked the purpose of visit to Canada in spite of showing my Canadian PR card :)

    Dude, Leave alone PR, I have a Canadian PASSPORT, this CBSA (Canada Border Services Agency) lady one day asked me "Who are you going to meet in Canada?"
    I could not believe the stupidity of this woman. So, I replied "Mr. Dhurandhar Bhadvadekar"..
    She waited a second to digest it, then said, "Okay..Go..!!"..



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  • zCool
    04-02 10:58 PM
    I think you should get to the bottom of it.
    #1 Get the actual RFE from the lawyer see what is reply by date mentioned there.
    #2 Make sure your employer isn't playing games. No one can be expected to divulge financial details to every employee but at least get the extent of changes required. Normally if everything is okay, all that is needed for A2P is Tax documents, Earning statements, W3s, Wage reports.. pretty standard stuff that employer is supposed to have anyways..
    If actual return needs to be amended, That may not happen in couple of days, in that case you should work with attorny to see your options abt delayed response etc.
    #3 Find out why it was delayed.. who dropped the ball and when!
    This is insane, if they don't want to support your application they should just say so..





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  • gcformeornot
    01-22 03:22 PM
    Hello,


    2) We are expecting a baby girl in March (who will be born American in Atlanta) and was wondering whether or not she could sponsored us (on our request being their parents and she would only be an infant), so that we could stay legally and request the Green Cards Family Based?




    Thanks!
    Daniel

    can apply for your family based green cards only after she is 21 years old.



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  • yabadaba
    08-14 01:07 PM
    you asked if you were missing something... i said yes you are. u asked for an explanation..so be it..and i put in a disclaimer...that what you were missing was anybody's guess





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  • dvb123
    11-21 11:04 AM
    Msg Deleted



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  • chanduv23
    12-08 10:48 AM
    Dear brothers and sisters,

    We are running a funding drive with a targetted amount for our lobbying efforts.

    A lot of people have contributed and contributions are still coming in.

    Thanks to all those who are showing a wonderful gesture by their contributions.

    If you have not yet contributed, please do so now and post details on this thread where contributions are being tracked

    http://immigrationvoice.org/forum/showthread.php?t=15905

    Participating actively in grassroots efforts is very essential. Changes do not come overnight, they come only with a lot of effort through grassroots efforts. Please join us and start actively participating in grassroots efforts.
    Persistence and perserverence is the key here and it is very essential that everyone start participating actively. IV is your/our organization. IV is nothing but you and me.

    Hiding behind closets and taking a back seat and remaining dormant does not help our cause, it only hinders all the hard work and effort that all the dedicated members are doing.

    Remember, changes do not happen easily and one must not assume that things will happen automatically. Things can and will happen only when we make it happen and by remaining dormant we cannot achieve what we want to achieve.

    We urge all the guests to become members now and join their State Chapters. We also request the dormant members, not to remain dormant and aloof. We request the fence sitters to jump the fence now.

    Everyone in the community has to come forward and contribute towards the efforts.

    Yours,
    Chandrakanth - IV Volunteer





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  • wandmaker
    10-30 08:41 PM
    1. File AR11 form with USCIS online, by giving the receipt numbers you can change the current address on file. Next day call USCIS 1800 # and confirm the address change.

    2. If you are doing by yourself, eFILE EAD & AP - Since it is going to be your first EAD/AP you will have to attach a copy of biographical page of your passport or Driver License (DL is not mandatory) along with other supporting documents.

    3. File for AR11 again, when you move again.

    4. At the time applying for 485, I assume you have mentioned your current address in G325.

    yes i did , but just asking as i am planning for applying hence thinking whether Drivers License required if so obviously addresses should match isnt?





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  • techskill
    08-10 05:44 PM
    There is an Indian guy who applied on June 1st and got approved.

    http://immigrationvoice.org/forum/showpost.php?p=143709&postcount=2169
    http://immigrationvoice.org/forum/showpost.php?p=144063&postcount=2195

    But the OP's approval doesn't make sense


    But that was Oct 2002 PD, so he was eligible to file





    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





    gimme Green!!
    06-14 04:54 PM
    On what basis does I-485 get processed?
    Is it based on Labor application (Priority Date) or by date of receipt of I-485 application? :confused:

    Or by luck of the draw?:cool:



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