Saturday, June 11, 2011

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  • puskeygadha
    07-11 04:38 PM
    I am in the same boat.
    I think good idea will be to ask lawyer and seek opinion..
    my fragomen lawyer said they do not have a clue on the timeline





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  • lostinbeta
    09-05 10:13 PM
    Nice new footer too dan. I likes.....





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  • fromnaija
    09-14 01:54 PM
    you would have to specify that when you apply for the AP. Look at part 7 item 2 in the application.

    NO, that part applies to a person applying for Advance Parole (humanitarian reason) and not Advance Parole (baed on peding I-485).

    This confusion is because the form is used for multiple application type - Rentry Permit, Refugee Travel Document, Advance Parole (humanitarian and I-485 pending). I think USCIS should redesign separate form for each application type to remove the confusion.

    If your AP is based on a pending I-485 you must be in the US to apply and receive the approval. If you need to travel before the approval, you could go to a local USCIS office to expedite the application.





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  • kevin08
    03-19 07:36 PM
    Once you are 183 days on H1b (significant presence test), you become resident alien for federal tax purposes and file 1040 just like any other resident. From my experience in real estate, I am yet to encounter an IRS form that says H1b's shall be taxed 10% more. Can you request the IRS publication number from the source? I am curious.



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  • anilsal
    08-15 01:44 PM
    Will do my very best to attend and will encourage others to attend too. I know this is important to me like you and everyone else here and Thanks for what are doing to community.

    Thanks for the contribution. :) Also I do suggest you take a look at the IV merchandise.

    Getting checks cashed must be a relief for you. Enjoy the peace that comes with it. :)

    Additionally:
    http://immigrationvoice.org/forum/showthread.php?t=12389





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  • singhsa3
    07-16 05:47 AM
    I think it is a mistake to assume that EB2 category can be determined by wage levels
    Mine is Wage level -II but I have a masters from the US. It all depends on the job requirement.
    Also, I know a person who is wage level-III but is EB3.

    Further explanation can be found at http://www.flcdatacenter.com/skill.aspx



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  • plassey
    07-23 10:41 PM
    I think, he should run for his life from his in laws now...:)
    with a GC already fatest option might be to go to Mahabaleshwar for some honeymoon:)





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  • ImmigrationAnswerMan
    06-29 10:35 PM
    The answer is that there are restrictions on using experience gained in the position with the same company. The reason being that you cannot say that the minimum requirement for the position is a BA + 5 when you were hired for the position with less than a BA + 5 experience.

    If you use experience gained with the same company the PERM application will be audited. One way to respond to the audit is by showing that you are filing for a different position than the one you gained the experience in and that the position for which you are filing is not substantially comparable to the position where you gained the experience.

    My suggestion to you is that you use an experienced immigration attorney that you trust. The laws and procedures involved in filing a PERM application are so complicated and subtle that there are many immigration law attorneys who do not handle PERM cases. I know there are lots of companies that fumble their way through the process without an attorney and are lucky enough not to get audited, but that is just trusting your future to the luck of the draw.



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  • Honda
    09-05 03:59 PM
    You need to wait another 5 years to get your GC. That's my prediction.





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  • wandmaker
    11-15 08:31 AM
    2. If I don't loose my H1B status, I am planning to transfer my H1B in Feb 2010. Will there be any problem in H1B transfer.
    .

    If you read along the same lines....

    Thank you roseball. What is H1 COE?

    COE = Change Of Employer



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  • raysaikat
    05-25 01:50 PM
    Thank you for your reply! He has been out for 9 months now but visited in between. He used H4 to come back and did not get new AP. We did file taxes. How do I know if the application is still valid and it's okay to use EAD?

    Whether or not he has abandoned his green card application depends on many factors. Did he apply for AP before traveling and was it approved? Did he reenter with AP? Did he file tax return as resident or non-resident?

    Anyway, your problem is too specific for a forum. You need to speak with an immigration lawyer.





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  • abhijitp
    03-06 08:15 PM
    Will scan and send on Monday.
    Thanks for taking the initiative! Go IV!



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  • jaggu bhai
    08-10 11:58 AM
    A person holding H-4 can attend college in the U.S. In fact, some colleges offer in-state tuition for H-4 students. Check Brooklyn College for instance. INA does not specifically disallow from attending college of H-4 nor H-1 and colleges are aware of this. So if your wife is doing this only because she would like to pursue degree, I would suggest she explores the options and if possible remains on H-4, which is a dual intent status.

    Best Wishes,

    Thanks glus

    down the line we wanted to use the benefits of F1.
    thats why we r planning to change!

    tx





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  • aarzoo
    08-23 06:23 PM
    It took almost 3 months to get the approval. Key points:
    1. USCIS does not accept I-140 PP as the original Labor approval is not included.
    2. I am not sure if USCIS requests a duplicate copy of labor from DOL or they locate the orginal labor in the old file.
    3. Make sure you ask your employer to download the labor approval from DOL website and complete it (employer's signature and your signature) and send it along with the I-140 application.

    Hope it helps....Good luck



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  • lazycis
    12-10 11:22 AM
    One can apply for EAD renewal before or after the current EAD expires. If you do not need a new EAD to continue working, there is no need to apply for a renewal well in advance. It won't raise any flags if you apply after current EAD expires. I did it without any issues. But because the new EAD will be valid for one year from the date a current EAD expires, there are no benefits in waiting either.





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  • ds37
    07-16 10:50 AM
    You need to hand over the I-94, only when leaving the country. No need to send it. If you didn't hand over, you need to send it. Always to have AP, if you want to go abroad or emergency travel, if your H1/H4 stamping in the passport is expired. USCIS prefer AP over other visa document when you come back from abroad (if you filed I-485).

    Thanks A lot Dealsnet.


    DS



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  • viswanadh73
    01-07 11:19 AM
    can Employer with draw Approved I-140 if they want after 180 days of pending 485 if any body changes his/her job with out notifying USCIS(AC21).
    thanks for your replies.





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  • masala dosa
    05-10 02:31 AM
    asdqwe2k,
    Actually this event is being held to celebrate your's and your daughter's birthday if you didn't know. :-)

    Happy birthday to both of you in advance. Enjoy.



    PRETTY FUNNY!!





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  • spicy_guy
    11-24 04:47 PM
    I prefer in this order.

    - WellsFargo Money Transfer Service
    - SBI
    - ICICI





    gcnirvana
    05-14 09:03 PM
    This is a EB3 - General Poll across all countries
    Can you create one for EB2, please? Thanks!





    abhijitp
    06-21 11:26 AM
    for your quick responses!

    I am not SURE that my 140 will be rejected, but historically the attorney/paralegal has made mistakes in almost every stage-- which is why I would not want to take chances.

    The best option right now seems to be to premium process the I-140, and see what happens to it before applying for the 485. There can be issues doing this for ME, bcos of the thing I said here:
    http://immigrationvoice.org/forum/showthread.php?t=5199

    Doea anyone have any advice on the situation I tried to explain in the above thread?

    As a general rule, I am beginning to think that the idea of concurrent filing is a bit misleading. Your 485 can be rejected bcos of your 140 being denied. This is not well understood by people (it was not by me) when the think about concurrent filing.

    Thanks!



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