Thursday, June 9, 2011

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  • dealsnet
    01-13 02:12 PM
    You can amend the same petition. Tell your company to contact a lawyer to do that. They need to pay $200 fee and lawyer fee. May be needed new LCA for latest salary requirement. With the amended approval, you can stamp for the visa.
    You can say studies (advanced) or sick (family or you ) as the reasons for not take up the position.

    Thanks for the advice on that.
    Could you let me know if "recession and the lack of jobs in US" would be a good enough reason to delay the stamping ? Apparently the job offer on which the visa was applied in 2007 dried out in 2008 and can that be stated or would the embassy question if the job offer was not a stable one , why did one apply for the visa ?

    Also could you let me know what is an amended petition with new start date and new salary offer.Would this be the same as a new petition or would this be faster and cheaper than a new petition.Pls let me know
    Thanks
    Alex





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  • Wish_Good
    04-30 12:45 AM
    Hi All,

    My Current Situation: I-140 approved on Jan 22, 2009 with company B, 7th year of my H1 ending July 2009, Current company B applied H1 extension, But H1 extension (No RFE just straight denied) - Denied based on "Old Company A"s I-485 - which was denied in June 26th 2008. Iam still in project and no issue of paystubs and all.

    Looks like USCIS didn�t considered my current company�s approved 1-140.

    Right now, Employer applied MTR (appeal) provided all documents.. like approved I-140 copy, LC copy and previous H1 copies.. etc.

    I don't have EAD.

    Please some one share their experience and suggestions:

    *Usually how much time they will take to respond this kind of Appeals (MTR).
    And also for safe side -- can I file another H1 in premum processing while this MTR is in pending.
    *If my MTR appeal decision getting delay... can I work for my employer even after July 13th until I get decision on my H1 Extension. Do I eligible for that or I need to go back India.

    Iam really worried, I got 2 younger kids.

    I request, Kindly give me your valuable advice.

    Thank You All,
    Wish Good





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  • sbdol
    07-21 07:11 PM
    My H1-B visa expired on June 16, 2007. Extension (I-129) has been filed in May 2007 (before expiration). It has not been approved yet. It's still pending. My LC has been approved on July 09, 2007 and my PD is April 2004. My question is: Can I file concurrently I-140 and I-485? Will my application be rejected or will an RFE be issued?

    Thanks for your input.

    Solong:confused:
    Yes you can. As far as I can see there is nothing unusual/illegal in your situation.





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  • popoye
    04-27 12:28 PM
    receiving RFE during 485 stage has become more of a common thing. Dont worry about it. Once you get the letter, prepare a response with the right evidence with the help of the attorney, and you should be fine.



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  • newbie2020
    05-18 08:18 PM
    For conditional GC the USC should make a joint application for his/her spouse for removal of conditional GC restrictions.

    One of the important things with Conditional GC is to demonstrate that the Husband and Wife still have lots of family ties during the Adjustment of Conditional status, This would include showing the IO with proofs such as joint bank accounts, kids, utility bills etc......

    If the spouse is being abused by the USC and provided there is adequate proofs for the same such as court restrain order, Police complaint etc At that time, one can file for a waiver of a joint application without the need for USC to make the application

    It is always better to consult a Good immigration lawyer for Professional Advise.





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  • beautifulMind
    07-17 11:14 AM
    You are in same situation as me as long your job duties for the new position are 50% different from old position you should be ok



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  • bsbawa10
    02-18 06:32 AM
    I am a july filer too.. but neither me nor my wife ever received FP notices... not even the first time.
    My lawyer and myself contacted USCIS several times over the phone and each time they opened a case for review and replied saying they'll contact me if they need anything.

    Anyone else in the same situation as mine?

    pal

    Mysterious are the ways of USCIS :-) There is no place where there is any consistency at all..





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  • nozerd
    02-25 03:55 PM
    I am reasonably knowledgable about benefit plans like 401(k) but just wanted a second opinion in the situation I decide to move perm to India.

    1) Assume I have $ 100,000 in a 401K plan.

    2) I terminate and roll over the funds to an IRA.

    3) If I were to withdraw the funds ASAP I would face tax at a high rate as well as the 10% withdrawl penalty as I would be under 59 yrs 6 months.

    4) To minimize my taxation I withdrawl a little bit every yr under the tax bracket. Say I withdraw 10K a yr for 10 yrs. Since I have no other US income I am under the tax bracket for US and dont have to pay any taxes. I do still have to pay the 10% penalty since im under 59 1/2.

    5) By doing this I eventually mange to get 90K out of the 100k I start (assuming i dont take into account market earnings)

    So is this doable and good logic ? Am I right or off somewhere. Would I face any taxation in India if I bring in this money on the principal ?

    Also does anyone know what kind of interest rate a risk free treasury bond or instrument would pay in India ? If I bring to India an investment of aprox Rs 50 lakhs what kind of monthly income can I earn on the money assuming a secure conservative investment.

    Thanks



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  • upuaut8
    01-30 11:38 PM
    It's not the "swf" we're concerned with, it's the "fla", and it doesn't just do it with imported Swift3D stuff, but with jpg's and movie's and other imported media.

    Try this experiment.

    Open a blank Flash project. Save it as an FLA file, and note the file size.
    Import a large jpg, then delete it from the stage, and from the library.
    Save it again and compare file size again.





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  • Sri_
    03-18 07:30 AM
    kpchal2,
    I think you might be aware that Priority date will be present on I-140 Approval Notice. In case if you donot have access to copies of I-140 approval notices, then you may try the following option, provided you atleast know the receipt numbers of the I-140 applications.

    Take infopass appointment, and based on your I-140 receipt number, request the officer to let you know the priority date on I-140.

    Thanks
    Sri_



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  • rkat
    02-06 11:56 AM
    Thanks everybody for your help.!
    Ebizash - i would appreciate it if you please post some of info. or PM it to me.

    Greatly appreciate all ur help - everybody! Thank you!





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  • webm
    10-22 09:44 AM
    I guess all the EB2 june filers might get approvals rather than EB3 June..right??

    Has anyone in the EB3 category (june 2007 filers) got any approvals??


    Cheers!!



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  • Dhundhun
    08-13 12:39 AM
    English equivalent:

    There is a saying that in forest, Pecock dance before rain (implies, if they dance, rain follows).

    So start dancing, GC will follow.





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  • a_to_z_gc
    09-12 03:17 PM
    Does anyone know what time it may take for FP notices to arrive for guys whose cases were Xfered to CSC?

    i got mine in 1 week after the ckecks were cashed and RN mailed.



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  • sk.aggarwal
    08-15 11:10 AM
    If this allows people to get EAD soon after getting approval for I140 I guess it should be good. Once a person gets EAD after 180 days he will be eligible to change employer. Also spouse will be able to work all the time we are waiting 5-7 years for PD to become current. Looks good to me.

    I feel scenario that dates become accidentally current is quite rare. Am I missing something?





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  • jettu77
    05-27 03:15 PM
    I would suggest that the letter be sent at the time of filing the second EB2 I 140. This is the way my attorney filed.



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  • kanyewest
    04-22 11:39 AM
    You raise a number of issues for which there are no clear or certain answers. My advice would be to request the extension of H-1 status without submitting pay stubs, and in the event of an RFE, respond with evidence of your complaint about your previous employer. If your new employer needs you to start work within three weeks, premium processing would be required, and even then, if there is an RFE, the timing will be tight.

    I thank you for your time in understanding this complex scenario.

    The new employer is a large company with strong financials in this market, so we expect the H-1 to be approved and we expect denial of extension of stay. If both are approved, the attorney who takes up this case will get a bonus from me.

    If the H-1 porting to new employer is approved, but the extension of stay is denied, can I use the unexpired H-1 visa in my passport at the POE to enter the country and obtain a new I-94 based on the new H-1 approval notice? Is this permissible under immigration law?





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  • vallabhu
    07-30 05:30 PM
    this spring�s defunct immigration bill partially replaced with a skills-based system.

    This statement is confusing between SKILL BILL and Point based system bill.

    I cannot make which one he has in mind for us, can you guys comment.





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  • number30
    10-22 04:47 AM
    Your wife can't change her status because she is not currently maintaining status if the H-1B was approved as a change of status. CIS will only approve a change of status with proof that the applicant has maintained status. She needs to leave the US and return in H-4 status to effect H-4 status. She has been out of status since October 2008.


    If the company has revoked the H1 prior to the start date does she still needs to apply for H1 to H4?





    vparam
    10-31 11:25 PM
    Are you sure that you do not fall in any of the 4 category, since one refers to date of birth...





    NoEnd
    07-09 05:43 PM
    I am in the same boat here. It took a huge effort to convince new company to process H1 and now their attorney is saying they can not file H1 unless I140 and LC copies are provided. My current company does not provide those documents.

    I140 approval is more than 180 days. Please help guys

    Thanks
    NoEnd



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