Monday 13 June 2011

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  • harivenkat
    05-11 03:21 PM
    Sent a mail to Senator Leahy at : senator_leahy@leahy.senate.gov
    Please send him emails.



    Dear Senator Leahy,

    This is regarding recent hearing from USCIS Director Mayorkas and his response
    to issue of backlog.

    The issue of immigration backlog is a ubiquitous one ranging from family to employment.
    Employment being really the big issue with 1-2 million legally working applicants waiting
    to get greencard.

    It is surprising that Mayorkas is not aware of this Burning situation faced
    by a million plus legal applicants and that he needs to consult the experts. I wonder
    if senate is interested in doing anything better, other than settling in for such a
    mediocre explanation from the Head of USCIS.

    What Mr Mayorkas could have suggested to mitigate the backlog is : Visa Capture, I-485
    Preregistration, senate passing bills to increase visa number and other strategies that will resolve the
    backlog issue. May be he can refer to these forums which can give him some thoughts coming from people
    who are suffering first hand as result of such services of provided by USCIS :

    Analysis Discussion - Immigration Voice (http://immigrationvoice.org/forum/forum108-anal)...

    http://www..com/usa-discussion-forums/i...

    USCIS has already shown us their (fiasco)effeciency during filings of 485 for 800000 applicants in
    Jul 2007. They already are showing when it is coming to visa allocations every month. One wonders what
    gives the confidence to Mr. Mayorkas to admit that USCIS can handle CIR ?

    Mr. Senator, senate deserves a better explanation on strategy to reduce backlog while it owes a
    greater responsibility of bringing relief to million plus tax paying, law abiding legal living applicants. I request you to set a follow up hearing to get to the root of the issue in resolving the backlog problem for EB category skilled worker applicants especially from India and China.


    God bless you Senator !

    Your's sincerely,




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  • smuggymba
    10-20 05:49 PM
    you said u file ITIN for tax needs - why did u apply for job dude. ITIN doesn't get u a job. H4 can't work in USA...as simple as that. Hire a good lawyer and tax consultant.

    Hello! I'm on H1B, and my spouse is on H4. We received an ITIN for my spouse for our taxpaying needs. My spouse managed to get employed using the ITIN. We filed a joint tax return this year. We received a letter from SS administration saying "We cannot put these earnings on your Social Security record until the name and SSN reported agree with our records." My lawyer says: "your spouse is now barred from GC, because when she's worked for more than X amount of days she became OOS."

    When the time will come for my employer to process my GC, what consequences will my spouse's unauthorised employment have on Her ability to receive a Greencard? What are the ways to rectify the situation? Appeals? Special provisions/clauses? Cost?

    Thank you,




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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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  • uppu1977
    05-21 08:18 AM
    If you are driving close to the US border, they will check your documents.

    I have driven to Brownsville, TX several times from Houston, and 150 miles north of the southern border, there is a check post which will stop each & every US bound car for immigration status check.

    My wife & I keep a photocpy copy of all the pages of our passports, I-797's, EAD's even while driving in our city and carry the originals if we are driving out of the city- Just in case if we are asked by a cop or sheriff about our immigration status we don't want to get grilled.



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  • milind70
    07-26 10:43 AM
    Hello everyone,
    I got to know about this website recently and I wish I had known it earlier.


    Anyway, I need advice/conformation


    I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)

    The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)

    After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong

    1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.

    2. If my I-485 gets approved before my wife’s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.

    3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife’s when I become current again. No problem with this other than paying the fees again.

    4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).

    Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!

    See here is the things that are in your favour( incase u decide to file 485 for
    yourself and not for her)

    1. You have got married before u applied for 485.
    2. I suppose you are going to get her here on H4 when you H1 extension is
    approved .
    3.Once she is in US and your dates become current you can apply for her 485
    also if your dates is not current your 485 cannot be approved.
    4. Even if your 485 is approved you have 180 days from your approval to file her 485.

    The important thing here is that if u are married before u file 485 u are on a safer side, secondly many people fear that they may get approval and at that point of time they might not be able to file 485 but that cannot be the case as your GC can be approved when ur dates are current and when your date is current ,your wife or dependents can file 485.
    The downside in this is that your wife will be on H4 status,so u will have to maintain h1 status i.e means you cannot go on EAD and change jobs etc etc because if you do that your wife loses H4 status and she has to leave the country because she has not filed 485(AOS).
    The point here is if u have applied AOS u are under protected status you are not required to mainatain any status (H1 or H4) but if u wish to work when ur AOS is pending you require EAD and for travel you require AP. This means if your wife had applied AOS and her H4 expired say next Jan 2008 she could stay in US without extension.However if she wishes to work then she would require EAD otherwise not ,if she wishes to travel out of the country she requires AP .




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  • vxg
    07-25 05:02 PM
    Yes, I had the same question and this is what my lawyer had told me
    Yes that is right the job responsibilities can increase. For my case the labor was filed for engineer position but I am on a manager level now and title has changed. My responsibilities have increased means i have all resp advertised + more and lawyer said OK.



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  • ak27
    06-17 02:59 PM
    I have been to Infopass at least four times in last two years. It depends on service rep on the window. Some of them are very cooperative and will try to answer most of your questions but others may not answer anything. I has an appointment yesterday to figure out about Background check which has been pending for last six months. Service rep on window only told me that it is still pending, she won't say when was it ordered which part of it is pending.. I tried to impress upon her but, she got up and walk away. It was such a waste of my time...

    It is pure luck.. Couple of times, I got a rep who had helped me with AP stuff...




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  • Riakapoor
    09-16 03:53 PM
    Hello All,

    I am on a dependent EAD. I lost my job (laid off) few days back. Can I enroll for unemplyment benefits as i am reading the threads that dependents can enroll into UB. But just want to make sure before going forward. We are on I-485 pending status.

    Please suggest.

    Thanks in Advance!



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  • GoneSouth
    03-16 08:29 PM
    GC: O*NET codes are used by the Department of Labor to classify occupations. The dictionary of O*NET codes can be found here: http://online.onetcenter.org/ You can click on the "Find Occupations" link and us the various search facilities to find the occupation that matches closest to your current and proposed future position.

    AJ: sorry, can't help on the priority date question. I think this has been covered in other posts on these boards though.




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  • posmd
    03-28 08:24 PM
    posmd,

    If we're able to make every category current, then this amendment for filing I-485 will be moot. But then again our goals will have to tempered with ground reality. While we're fighting very hard against the hard country limit, there is no guarantee that it will be revoked. In the house-senate conference again, we cannot be sure that all of the exemptions like the ones for Dependents, STEM will not be stripped. So there is a very high chance that priority dates are not going to become current. So with that in mind, we need to make sure that atleast our life during the time that we're waiting for GC is much easier.


    I agree with you on the above. I already stated if we get that and nothing else it should still be considered to be some kind of victory.
    I was merely responding to that sentiment that it is the number one priority. I just believe that an end to retrogression and the hard country limits should be that. I think you guys are on the right line of thinking.
    I want to congratulate you on your excellent work. We all do sincerely appreciate your efforts.



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  • amitkhare77
    10-08 10:38 AM
    If the JOB requires EB2 then you can file EB2 and not because your qualification/experience is equivalent to EB2. If your company can prove why you are the best suited for this JOB which is EB2 category, there should not be any problem. Given the circumstances - filing EB3 will be a safe bat.
    Another important thing whole EB2 and EB3 classification is , it does not matter how much experience or educational credetials a benificiary has. The job should require it too...




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  • sanju
    08-02 11:46 PM
    Thanks for the information. VB dates were stuck around April 2001 date because a large number of applications were filed to meet the deadline for
    245i.

    The dates were �current� until 2005 because of the availability of unused visa numbers that were recaptured by AC-21 bill - passed in 2000-2001. So countries with larger applicant pool got (a lot) more than the otherwise allowed ~3000 green cards in each category. Since 2005, there are no recaptured visa numbers are available, so applicants in a category from any specific country cannot get more than ~ 3000 green cards. Pls. see the distribution of green card numbers in 2006 in his document:
    http://travel.state.gov/pdf/FY06AnnualReportTableV-Part2.pdf

    Most people on the forum are busy tracking their 485 receipt, of encashment of bank checks, IO comments etc. Most people will learn that all this is tracking is of no use other than helping everybody to have higher BP. If more green card numbers are not allocated, the wait time for applicants with priority date 2006 could possibly be more than a decade. The past trends were driven by positive events like visa recapture etc. So these trends are not reflective of what to expect in the future. But looking at 2006 numbers, one thing is for sure, the wait times could be a many more that what we would expect.

    There is only thing that can prevent wait times of more than 10-15 years - change in the law to increase the number of EB GCs.



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  • rajenk
    08-12 12:46 PM
    Thank you all for your response.

    The reason for my opening a new thread is to get attention from other members to get my question answered. I did not want to bury my question in to those lengthy threads, and the chance of getting such question answered is highly improbable. OK now to my additional questions on this subject.

    Questions:

    1. Did you guys receive all the receipts (yours and dependents) together in a single postal mail?
    2. If that is the case then in my situation should I safely assume my wife's application was rejected?

    Please respond I have only 5 days to re-submit a new application for my wife. If I miss it then our whole GC dream will become a nightmare:(

    My PD is 11/30/05 EB3

    Thanks
    Raj




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  • surabhi
    06-19 10:52 AM
    I-485 reciepts are not part of required supporting documentation.

    http://www.uscis.gov/files/form/I-765instr.pdf

    see page 6:
    This is for paper filing.

    Need front and back of EAD card
    2 photos
    $340 check or None as applicable

    i-485 receipt notices are required only for first time filers not filing along with I485.


    Sorry to have jumped the gun. I-485 receipt is needed.

    "All applications must be filed with the documents required
    below, in addition to the particular evidence required for the
    category listed in "Who May File This Form I-765" with fee,
    if required."

    On Page 4 in the Instructions doucment refers to the particular evidence

    A. Adjustment Applicant--(c)(9). File your EAD
    application with a copy of the receipt notice or other
    evidence that your Form I-485, Application for
    Permanent Residence or Adjust Status, is pending.
    You may file Form I-765 together with your Form
    I-485.

    Since it talks about other evidence, you can use FP notices.

    The other requirements are photos, check for $340 if applicable, front and back of EAD card.



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  • glus
    05-31 09:10 AM
    Thank you for contributing!!!!

    :D :D :D :D :D :D :D :D :D :D :D :D :D :D :D




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  • continuedProgress
    07-31 11:27 AM
    I'm taking chances as well..... switching to EAD on day 10, if not earlier.
    If probable causes of AOS denial aren't discussed elsewhere, maybe some one knowledgeable can throw some light on the subject.



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  • HRPRO
    02-24 08:41 AM
    I am not sure if BS (3 yrs) + MCA is considered to be equivalent to MS or not. But if it is, then you can definitely file for EB2 (MS +0). However, your company will need to have a job that requires these qualifications.

    Also, I am not sure why you couldn't use the experience gained with your employer. If the job description is at least 50% different than your EB3 job, you can certainly use the experience gained at your current employer.

    I am also planning to file under EB2 using the experience gained with current employer. However, I have been concerned about possible audit. Nonetheless, when I asked the audit question (in a different thread), couple of folks shared their personal experience who had gotten approval (using experience gained at same employer) without any audit.

    Has anyone seen a case where someone got audited for using the experience gained with the same employer? I think this will be a useful information for several others as well...

    Sorry Bostongc

    I am certain you cannot count expeience gained from your current employer even if you are applying for another position. All attorneys are aware of this and will advice you not to do.

    Sorry for not being able to give an answer in the affirmative but that is the fact.




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  • amitjoey
    05-31 04:27 PM
    100.00 - Google Order #601837695595056

    also post in the funding drive.




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  • Sp�rL
    04-23 09:25 AM
    ok i just read most of that and this caught my eye,
    "Older versions used DirectX 5, but SDL 1.2 (the current stable release) requires DirectX 7 by default"
    what does this mean? does that mean my computer needs to be down-graded to DirectX 7?
    Or of what i was thinking, that SDL can only "wrap" its self around DirectX 7, and if you wanted to use a higher DirectX you dont have SDL to help?




    amitjoey
    10-23 11:57 AM
    No question is stupid, we are all learning and there are always these complex and everchanging provisions. I-140 Premium is not available as of now. It could change anytime. Is $1000.00 Lawyers fees? for filing I-140? COs s/he cannot ask for PP fees. Go to USCIS home page to figure out what the I-140 and I-485 FEES are and add your lawyers fees to it to get an approximate total.
    Depends on the center, Texas or Nebraska, I-140 approval takes anywhere between 2months and 14 months. Nebraska is taking 14 months.
    With an older PD, you are very certain to get GC within the next 3-6 months if you do not get stuck in name check and if your I-140 gets cleared.
    Do not lose hope.


    I apologize from the beginning if I�m asking some stupid questions but I�m really confused after I read all those I-140 issues posted on this forum.
    I just received today my LC after a long wait in backlog from 04/2001.
    1. My lawyer is asking me for $1000.00 premium processing fee and some documents from my employer for this PP for I-140. Is it still available?
    2. How long will be until this I-140 gets approved? Anyone who did this lately?
    3. I�m filling I-140 together with I-485. It matters, time PP wise?
    4. Is there another�next step� towards the GC or just wait for those to be approved?
    5. I�m so �squeezed� on my wallet, how much money will be still needed until the GC is in my hand?
    I paid so far more then 35G. - The previous �steps� in processing fees and lawyer�s fees.

    I would really appreciate some honest answers; I�m seriously thinking to go back to my country if the GC will be too far away.

    Thank you guys for your attention and thanks IV for the good work done so far.
    :)




    k_sing
    09-20 12:17 PM
    Responding to latest response:

    "Member" does not mean an employee.
    As a member I would have access to their proprietary software to do trades ( just like having an account with any other broker)
    A member however has no voting rights etc. ( it's a private LLC/trust)

    At the end of the year, instead of a 1099 tax form, the trust would provide a share of profits generated by "my stock trades" and it is instead done on K1 tax form, which is treated as income.

    About the internet biz:
    I would be the only one "owning" / running the biz.. as I own the domain ( it's not a LLC ).

    Can I receive income checks in my name ?


    thanks!



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