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  • immigrant-in-law
    04-24 08:50 AM
    The same happened in my case. Got informed by the lawyer yesterday that my wife's 485 has an RFE and that USCIS has asked for a copy of marriage cert and some pictures of the ceremony/celebrations etc. I do remember sending them this stuff when we initially filed 485.

    My lawyer just informed me that I received an RFE on my wife's 485
    USCIS is asking for "Memorandum of marriage"
    Is it the same as Marriage certificate. I have already send the marriage certificate which states that the marriage has been registered under Hindu marriage registration rules. My name as well as my wifes name and date of amrriage is there.

    Why do they need this additional proof Not sure. Has anyone faced this RFE?
    Looks like some crazy guys are working in USCIS hell bent on harassing legal immigrants.
    I have been given just four weeks to respond.

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  • willgetgc2005
    03-22 07:38 PM
    We have prepared a new document for public release analyzing this problem.

    You can find it here ( and at least for now directly on our home page.

    It appears that the community of affected parties does not realize this yet -- please circulate this memo widely -- send it to your own lawyer too.

    sent to my attorney. Hope they understand it :--))

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  • simple1
    09-25 04:42 PM
    may not be eligible for 245(k)

    MurthyDotCom : Eligibility under Sections 245(i) & 245(k) for AOS (

    Persons with a petition or LC filed after January 14, 1998, up to April 30, 2001 must also document that they were "physically present" in the U.S. as of December 21, 2000.

    not sure if follow 2 join is applicable here.

    check with attorney immediatly.

    She is not out of status but you need to move fast (first 180 days) and talk to some good lawyer.
    In 2007 I had a long consultation with a lawyer and told about INS act 245(k)
    Google it.

    Furthermore. One of my co-worker was approved while his wife's case was not filled in 2007. they used 245(k) and there was no issue.

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  • rexjamla
    09-10 08:08 AM
    Hi Friends,

    I filed a complaint with senator Gregg's office(NH) after July Visa bulletin reversal. Senator's office send a query to DOS on my behalf. In mid-August I got a letter from senator's office in which he apologized for incapable to do anything regarding July-Visa_bulletin reversal.

    However, I found a letter attached from DOS which states that "Due to significant number of visas returned from USCIS to DOS, DOS reinstate original July-Visa-Bulletin # 107".
    I just wanted to sahre this information with you because what USCIS said about this matter is exactly opposite.
    Check this link-



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  • Macaca
    04-22 09:07 AM
    Passing On H-1b Costs to the Employee? ( -- Smart Business Practice or DOL Violation?, by Michael F. Hammond and Damaris Del Valle

    After all the costs associated with an H-1B petition are totaled, the sum can be alarming. In order to offset this cost, some employers ask that the beneficiary, the employee who is being hired, reimburse the company in whole or in part. Which costs may and may not be paid by the beneficiary can be a tricky matter. What follows is an analysis of H-1B costs and who may pay what.

    All deductions from an H-1B worker’s pay fall into three categories: authorized, unauthorized, or prohibited. Authorized deductions can be taken without worry of whether or not such a deduction will lower the employee’s rate of pay below the required wage rate. Unauthorized deductions, counter to what the term may connote, can be taken from an employee’s wage but are considered non-payment and are only allowed if the beneficiary’s wage rate, after the deduction(s), is greater than the required amount listed on the Labor Condition Application (LCA). Unauthorized deductions cannot push the employee’s wage below either the prevailing wage rate or the actual wage rate, i.e. salaries of those similarly employed and qualified at the work site. Prohibited deductions may not be taken from the employee’s pay regardless of the effect they would have on the required wage rate.

    The most straightforward of the deductions is the prohibited deduction. The Training Fee associated with the H-1B petition is the only prohibited deduction associated with the cost of filing an H-1B petition. Rajan v. International Business Solutions, Ltd. and the language in the relevant regulation make it very clear that the Training Fee is to be paid by the employer or a third party; it is not to be reimbursed in part or whole by the employee. This fee must be completely shouldered by the employer or a party who is not the employee.

    Deductions are considered by the Department of Labor (DOL) to be authorized if:

    The deduction is reported as such on the employer’s payroll records,
    The employee has voluntarily agreed to the deduction and such agreement is documented in writing (a job offer which carries a deduction as a condition of employment does not meet this requirement),
    The deduction is for a matter that is principally for the benefit of the employee,
    The deduction is not a recoupment of the employer’s business expenses,
    The amount deducted does not exceed the fair market value or the actual cost (whichever is lower) of the matter covered, and
    The amount deducted is not more than 25% of the employee’s disposable earning.

    An Education Evaluation arguably qualifies as an authorized deduction. Similar to a translation fee, which is payable by the employee, the employee is benefiting from the evaluation and will be able to use it in the future in his/her private capacity if s/he so wishes. Of course, if the employee is paying for the evaluation, then s/he must be able to acquire a copy of the evaluation so that the future benefit upon which his/her payment is presumed is a real possibility.

    Attorney’s fees associated with obtaining H-4 status for family members accompanying the Beneficiary may qualify as authorized deductions since the Beneficiary is the party who primarily benefits from such fees. In addition, attorney fees associated with visa issuance, assuming that international travel is not a requirement for the position, could be properly considered as authorized deductions. In order to properly deduct the attorney fees associated with these processes, it is important that the attorney break down the specifics of how much is being charged for each element of the H-1B process- this will allow the employer to deduct those fees associated with the retention of the visas for the accompanying family members without concerning itself with the deduction requirements necessary for unauthorized deductions.

    The circumstances surrounding the Premium Processing Fee determine if deduction of the fee is to qualify as authorized or unauthorized. While the speedy decision that the Premium Processing Fee guarantees often benefits both the employer and the employee, it is important to take notice of which party requests and benefits most from premium processing. If the employee has decided to utilize premium processing for his/her own personal benefit, then the employer may be reimbursed by the employee in accordance with the requirements established by the DOL for authorized deductions. If the employer is the party desiring premium process and who will benefit from such processing, then any deductions from the employee’s pay are unauthorized and, as such Deduction of attorney’s fees associated with the filing of the LCA or H-1B and the Base Fee (or I-129 Fee) are considered to be unauthorized. These fees are considered to be the employer’s business expenses and, for this reason, are not authorized deductions. These fees may be deducted from the employee’s pay so long as they do not drop the rate of pay below the required wage rate.

    It is not clear whether or not the Fraud Fee which was implemented in March 2005 is unauthorized or prohibited. The language of the act regarding the Fraud Fee states that “the Secretary of Homeland Security shall impose a fraud prevention and detection fee on an employer filing a petition.”10 Almost identical language is used in the Act to refer to the Training Fee.11 Such similarity could be read to mean that the restrictions of the Training Fee also apply to the Fraud Fee. However, 20 C.F.R. 655 is explicit in saying that the employee cannot pay the Training Fee; no such statement is made regarding the Fraud Fee. The regulation regarding the Training Fee, 20 C.F.R. 655, predates the creation of the Fraud Fee, which may explain this discrepancy. Nonetheless, the language referring to the Fraud Fee is not explicitly prohibitive and an employer may decide to be reimbursed by the employee. If an employer chooses to do so, any deductions from the employee’s salary to pay for this fee must meet the DOL requirements for unauthorized deductions. 12

    Before any payments are made by the employee or deductions are taken from his/her pay to reimburse the employer, it must be determined if such deduction is permitted and if so, whether or not it is authorized or unauthorized. Once these preliminary determinations are made, appropriate steps must be taken to ensure that the DOL’s requirements are met. As a practical matter, there are very few circumstances in which the prospective employee could legally be made to pay for the costs associated with the H-1b process without an employer risking non-compliance and causing significant record keeping.

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  • cdeneo
    01-11 04:39 AM
    Thanks so much for your feedback on this query - this is really helpful.

    I am a resident of Washington state and would really appreciate any additional information you can share with me regarding eligibility and application for UC benefits here (documentation required (A# required?), other application requirements to be aware of, etc). My I-140 is approved and I-485 has been pending for more than 180 days and I am currently working on my EAD.

    Thanks again for your help with this query, I look forward to hearing from you.

    There are really two questions here. First, are you eligible for unemployment compensation? And second, will applying for unemployment compensation adversely impact your application for adjustment of status to lawful permanent resident?

    The answer to the first question is controlled by the law of the particular state in which you worked and/or reside. In theory, to be eligible one must have worked long enough that an adequate amount of UC insurance was paid into the UC system, AND one must be willing and ABLE to accept new employment. The law varies from state to state with respect to whether someone in your situation qualifies as "ABLE" to accept new employment. If you let me know where you reside and work, I can try to provide further guidance as to eligibility for UC benefits.

    As to the second question, (assuming your I-140 has been approved and your I-485 has been pending for more than 180 days) under the INA, when your PD is reached and your I-485 is adjudicated, you are required to have the intention to take up an offer of permanent full time employment in the same or similar occupation for which your LC was granted. This is a prospective requirement, and your employment status prior to the actual grant of AOS is relevant only to the extent that it supports or undercuts your ability to prove that you have an appropriate offer of full time employment which you intend to take up. There is no requirement that you be employed while you are waiting for your priority date to become current and your I-485 to be adjudicated. However, being unemployed or employed in an entirely unrelated occupation could trigger USCIS to perform a more searching inquiry into the bona fides of the prospective AC21 qualifying job offer and your intention to accept it.

    To the best of my knowledge, USCIS is not notified when an AOS applicant applies for UC. Similarly, I am not aware of any cases where an UC claim triggered an RFE. Nevertheless, it would be prudent to act on the assumption that USCIS is aware of UC claims and be well prepared to prove one's intention to take up a bona fide offer of AC 21 qualifying employment once your PD is reached.


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  • cinqsit
    11-24 06:07 PM
    I have seen people get a copy of their approved I-140 using FOIA Freedom of Information Act Request, where the employer was giving them a hard time and not sharing their I-140 info. So there are ways you can get a copy of the approved I-140 provided of course everything is in order. (previous poster has also posted information of getting duplicate I-140)

    This is kind of similar - you should contact a good lawyer and try and get that I-140 copy
    if you current lawyer is unhelpful just get advice and help from some other immigration lawyer - you are in the home stretch dont give up - try and provide USCIS whatever they want. (though technically they should have information about the approved I-140 - so I dont get why they are requesting a original copy from you!)

    Also you mention
    "In late 2008, with the help of a congressman, my new attorney was able to figure out that USCIS has lost my original I-140 application (filed at Nebraska center) and USCIS has issued the same I-140 receipt no. to somebody else. Then USCIS auto-created a new I-140 and gave me SRC receipt no. with filing date as Jan 2008 and as electronically filed by my previous attorney."

    Do you have any documentation abou this ? a letter from Congressman etc? This is really weird never heard anything like this before.

    You should collect all such documents (contact the congressman again if need be to get a letter or something in writing) then contact
    a good immigration lawyer.

    Good luck!

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  • sanju
    02-03 04:37 PM
    Thanks, this is me, I am asr. member, I just have been away for a while due to work

    Didn't you already get your GC few months back? Anyways, I will try to answer your questions with the understanding that you want to genuinely find out answers to these questions.

    1- Approximate PERM processing times (from filing time) for EB2
    The time it takes to file your paper work depends on the lawyer and company.

    The time it takes for approval varies too between Atlanta and Chicago. Last I heard, it was around 6 months.

    2- Approximate I-485 and I-140 processing times from filing date for EB2
    For I-140 see this link -
    For I-485 see current visa bulletin -

    3- Approximate length of the entire process (from filing PERM to getting I-485 approved) for EB2

    There is no set time from stat to finish. It depends on many variables, employer, lawyer, country of origin, nut jobs at CIS etc.

    If you are lucky, and not from China, India, Mexico & Philippines, in EB2 it could take around 3- 4 years.

    If you are unlucky, or if you are from China, India, Mexico & Philippines, in EB2 it could take anywhere between 5-10 years.

    So the answer is, it depends.

    4- Are I-140 and I-485 still being filed concurrently?

    Yes, if your priority dates for filing I-485 are current as per the current visa bulletin, which is very unlikely. Although, I-140 premium process has not yet re-started.

    Hope this helps!


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  • axp817
    03-28 01:46 PM
    If you worked in CA you need to file the same state. You dont have to file the tax for the state where your employer resides.

    Not always true, if the employer withholds tax (OP's case) for a certain state, you HAVE to file returns for that state. Even if the withholding was done in error. The only way around this is to get an amended W-2 from the employer without the withholding. I speak from experience.

    An easy way to figure this out is as follows

    1. You have to file state tax returns in the state of your residence.

    2. You have to file state tax returns in state of employment (where your employer is) IF
    the employer withheld taxes (for that state) from your paycheck. Technically, they
    shouldn't but if they do, for whatever reason, the only way you wouldn't have to file
    returns is if they amend the W-2 and give you a new one without the tax withheld.

    3. You have to file state tax returns in the state where you perform work on your
    employer's behalf (this applies mostly to consulting scenarios where an employee is
    deployed on assignments across the country and the only time you don't have to file
    taxes in the third situation is when the work performed was for a short period of time
    (less than a certain number of months, I am not sure exactly how many, but I think it is
    9 or 10 months).

    In many cases the state of residence, employment, etc. are all the same, in some cases they are not.

    One of the exceptions is states which don't have state income tax, e.g. Texas.

    Of course, having to file returns in so many states doesn't mean you pay tax to each state, usually, the total state tax you end up paying is equal to the state with the highest tax rate.

    e.g. if you lived in NJ, employer was in NY, and you drove to a client site in PA for all of 2008, you would file returns in NJ and PA, and if the tax rate in NJ was 6% and PA was 6.1%, you would pay 6.1%, the higher of the two. Of course, if your employer accidentally withheld taxes for NY, then you would have to file for NY, and if NY doesn't agree to give you your withheld money back, then the only way to get it back would be to have your employer give you an amended W-2.

    That being said, the OP should be okay since he has now filed CA taxes for 2005 and 2006. There will be a small amount of money owed to CA-Dept. of Revenue as penalty, but that should have been calculated during filing, by whoever did the OP's taxes. If the penalty wasn't paid, the OP can expect a 'bill' from CA-DOR asking for that money.

    OP, If I were you, I would look into one more thing. If you were on H-1B when you were in CA, did your employer amend the H-1B LCA to state that CA was the work location? Seeing that taxes were withheld for NJ, they might have not amended the LCA. Speak to your employer and see if that could cause any problems or if there is a way to fix that.

    Good luck,

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  • vin13
    09-30 03:37 PM
    If your last FP was more than 15 months ago, then write to local congressman, that usually works.

    But would you get a notice or RFE or something like that....I am asking because i am my spouse both have recieved RFE's wanted to assume something till we get the actual mail.


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  • tampacoolie
    06-29 11:01 AM
    My documents will reach attorney on Monday and he promised to file before July4.

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  • factoryman
    02-09 07:12 PM
    this blog is written and maintained by staff of HAMMOND LAW FIRM. Go to their home page (, you will understand this.

    This is a blog. Its not a credible source of information.


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  • kbsyed61
    03-17 12:59 PM
    This is what my attorney replied to a similar question.
    From: Attorney

    Your wife could get the shots now and hold on to the evidence and then we will submit it when we get the RFE. She could wait for the RFE but then if she has become pregnant again...... so best to get the evidence now and we can just hold on to it.


    Hope this helps.

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  • hdos
    06-08 08:52 PM
    I just came to know from uscis website that my I140 is denied. I have not received any documents from uscis as my name is in beneficiary. It will goto my employer. Than If he respond than I will know.
    I am currently on 7th year of h1 extension and having 2 weeks left on my h1. (22 june 2009)
    Not on project rightnow and have not run payroll since last 6 months.
    My employer is not responding to any of my emails and phone calls since 1 month.

    GC Filed: march 2005 in traditional process (not in PERM) EB3
    Labor approved : june 2006
    I140 filed: Nov 2007 - Denied end of may 2009.

    1) What are my options ?
    2) Can I use my current approved labor to get extension in new company after h1 transfer?
    3) If I transfer my h1 to another company, what about next year h1 extension? if company does not file GC at the time of h1 transfer. does 365 days rule apply in that ?


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  • nabs501
    07-17 06:07 PM
    If his fiance is in the US, then it's easy. Just do a court marriage; get the marriage certificate and file for I485.

    If his fiance is abroad then he can make a trip; get married and take her back to US and file. Remember, all the applicants need to be present in the US to file AoS.

    If she does not have a visa to come to the US; then just wait...

    I dont think it makes sense to file now; get married and re-file again. It's also risky just to some extent if his application is approved before ge get married.

    Also, just a friendly suggeston:
    Ask him to join IV :)

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  • nogc_noproblem
    03-16 12:37 PM
    Well said, if we always worry about the exceptions, then there won�t be any peace in life.

    I am not sure why folks make such a big deal about this. Just because one or two people had a nasty experience with an officer does not mean traveling on a valid AP document is a significant risk. For that matter if you try to reenter on H1b you could have problems. I have reentered the US on about 10-12 occasions over the years. On J1, On H1, On AP. Funny enough my worst experience was on H1b (that too just a mean officer demanding my petition documents..........not sure what he meant to this day) anyway.
    So the moral of the story is that travel out of the USA always involves a small element of risk, but that should not deter one from living their life.
    As for the people who move on and work for another employer using A21, here too you are within the law, and if you are worried about it you can keep a copy of AC21 or a letter from your lawyer and your current employer along with your paystubs and your approved labor/140/filed 485 with you. Of course, you never present all that to the officer unless asked. And be polite and courteous, remember it is a privilege to enter this country, once we are citizens it will become our right.
    Interestingly, one time when I mentioned that I reside in Michigan, the officer corrected me to say I was staying there and could use reside once my 485 was approved. To me it was semantics, but hey..........
    Life is too short for stressing over things like this. You were granted AP for a travel, unless something untoward happens with your 485 during this time(unlikely) not much is likely to go wrong at entry.
    Happy travels folks, quit worrying so much and live your lives.


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  • martiansoldier
    08-20 03:17 PM
    If you applied for a change status (like H4 - H1) or change of employer (like H1 - H1) or extension of stay (like H4 extension or H1 extension), while in the US, the I-797 approval notice will have an I-94 card as long as you were not out of status prior to filing your application. However, if you were out of status, then you wouldn't get the I-94 along with your I-797 and you are still out of status. You will have to leave the country and get a visa stamped on your passport before entering the US again. If you have been out of status, there is always the risk of being denied a visa at the consulate.

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  • priderock
    09-01 01:49 PM
    Got the email this morning...

    PD : 10/04
    RD : 07/02/07

    Beat the 10 year deadline by couple of months :)

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  • gc_on_demand
    03-17 10:39 AM
    RFE can be issued even though your priority date is not current. This is because USCIS is processing the case and keeping it ready (pre-adjudicate) to issue GC when dates get current.

    Recently USCIS announced that they have less application for US Citizenship.

    "In fiscal year 2007, a record 1.4 million legal permanent residents applied to become naturalized U.S. citizens just as the agency raised fees for a variety of services. About a million people received U.S. citizenship the following year.

    By fiscal year 2008, the number of citizenship applications in the pipeline dropped to about 518,000 � far below the 730,000 filed in 2006."

    Also they hired more employees in 2007. Also last year was election year so USC was priority. We will see more resource allocation to 485 apps. But dates are not current to they are Pre Adjuctiing cases. Also it makes sense that date didnot move in April as there was a huge demand from CIS. I think for This FY we will see more EB based approval.. and from now onward there will not be a huge jump back and forth. Also india Eb2 will get 25k visas for this FY and in last quater people till Mid 2006 will get actul card .. There may be some low hanging fruit from early 2007 or late 2006. ( I expect only 1-2 % )

    05-28 08:18 PM
    You can't gain any legal status using your Canadian employment. It's like you're working for a company in your home country and staying in the US. Your home country's company cannot sponsor you for H1 unless they have a branch here in the US. At best, you can stay in the US by using other status like being in H4 and your spouse working as H1. OR if you have a GC.

    10-01 07:49 PM
    Please help with the contribution drive

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