Rabu, 08 Juni 2011

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  • FinalGC
    07-19 08:13 AM
    I would also suggest to take an infopass and request for MTR - Motion to Reopen the case...to evaluate the decision. Go ahead and apply for 485 and do MTR, simultaneously.





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  • vaishnavilakshmi
    07-17 05:16 PM
    Hi !,

    yeah,Point-D clearly states that the visas available for july applications and applicants earlier and from august priority dates are unavailable.Lets c how they consider us!Iam a july 2nd filer.

    vaishu





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  • EB2_Jun03_dude
    11-29 07:02 PM
    thanks for your suggestion.

    However My I-485 has been pending since June 2005. If it was a medical question RFE they should have found out when it was applied: "initial evidence" (or within six months) or does this happen only when the case is picked up for processing ?

    Also this brings up a good point as to what possible reasons can there be for which a RFE can be raised at this point in time (RFE for "additional evidence") ?
    1) EVL with current job desc, compensation and full-time employment
    2) Last few/All years Tax Returns/W-2. Recent Paystubs.
    3) Evidence of legal status throughout the stay in US

    what else ?





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  • royus77
    06-21 08:48 PM
    If there is a valid I-94 that you can mention on 485 form and if that I-94 is not expired and it is also the latest I-94, then you may be ok.


    What if the I 94 is expired and an H1B extension is filed and still waiting for the Approval ?Will that one will also be rejected or by attaching the receipt copy will be good enough?



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  • bsbawa10
    02-12 05:22 PM
    I would love to, as it will help IV community also, but unfortunately it is not very easy in a company to request change of lawyer when the lawyer is good one. I see from many comments here that the Chugh Firm is a good one. And the employer also feels the same. So what grounds can I request them change their processes which they are following for nearly 200 employees. It will be hard. Cant even ask..

    You are right. For a good lawyer, you should not ask to change, but for bad one for sure you should. I never questioned my company's lawyer who is from Chicago. The worst lawyer ever possible: never replied to email, never responded to phone and never communicated: what she was doing. She filed my case in EB3 without consulting me or my knowledge even (I had two Masters and international research) and I came to know about it many years later when I thought I could be getting green card any day and guess what i came to know that not from the lawyer but from USCIS.





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  • gc??
    11-09 12:58 PM
    Schumpeter: The other elephant | The Economist (http://www.economist.com/node/17414206)

    When the US govt is ignoring the problems of legal immigration and making it harder and harder to immigrate (especially when the interest of foreign nationals to come here has subsided with unprecedented growth in their native country...) it is foolish to expect to lure skilled people to this country any more



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  • dhirajs98
    08-18 02:15 PM
    whats your receipt date and service/center (NSC/TCS)?

    It was in NSC and Receipt Date was May 29th 2007.





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  • sweet_jungle
    10-06 12:08 AM
    I am also interested in this topic. My wife is working curently using OPT. But, she is waiting for EAD also. So, once 485 EAD comes, she will be in similar situation.
    Lawyer has suggested using 485 EAD once it comes.
    Anyway, for travelling, AP has to be used. Once you travel on AP and come back, you cannot continue working using OPT. You have to use 485 EAD. So, it is better to switch to 485 EAD to avoid confusion.
    I am planning to keep her on OPT till Dec 31. It will make our tax filing easier next year. From January, she can switch to 485 EAD and pay social security tax.
    Let me know if you can some concrete info on this.

    Is it possible that we get cuaght by IRS audit since I wonder how safe it is to NOT pay social security tax after you have filed 485? I was reading the other thread about IRS audit and am a bit worried.



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  • anilsal
    11-06 10:59 AM
    PIO card is valid for 15 years. Every time, your child gets a new passport (read 5 years), you need to get an entry in the PIO card. So barring a once in 5 year trip/mail to consulate, there are no issues with PIO.

    It certainly does not make sense to deny OCI for a child whose parents are Indian nationals.

    Look at Q.32 of
    http://chicago.indianconsulate.com/OCI%20FAQs.htm

    I am sure that if this new rule for OCI is going to stand for a long time, then they will request the people who got their OCI stamps to replace it with PIO cards (think of the 20 year passports that were issued first and then need to be replaced).





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  • blackberry
    07-05 03:14 PM
    Cmon ever since independece we have never been united on any cause. I see threads from Gandhigiri(sending roses)...TO .. "no work on 13th"petition. But cmon look at the responses, e.g. no working day petions had only 75 votes , of which most are scared to put there employer name info. etc.

    75 here 120 there..do you guys really think with these numbers will make our voices heard .. On the other end lot of people are happy about the revision of the July bulletin and yes that includes the ones stuck in BEC (hypocrisy check! ) and the desi employers who perhaps were fasting/praying or something for this to happen... :-)

    Its a number's game. We will never make our voices heard unless we can join hundred of thousands for a cause. I appreciate what IV has attempted to do, but it's an inherent problem with people like us, every one is out there trying to get ahead of the line. If given the choice most would exploit each other to take advantage. I mentioned "desis" perhaps, the problem we face is quite fitting to people from populous nations. I think we are looking at the problem from a very micro level(green card backlog).. The glut in immigration is nothing new and represents similar issues faced in India or China etc.

    I am sounding completely pessimistic, but its the harsh reality. Perhaps we are not tuned to be united, we've been raised, bred to be just competitive and anything else which is a byproduct of competition.

    just my 2 cents.
    pls before anyone starts shouting at my post. Throw the hypocrisy out of the door and then reply.
    All i can say is ..

    "There is always a first time for everything"

    --
    BB



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  • senk1s
    09-30 07:58 PM
    I think an approved i140 is recommended - but not required.
    AC21 is basically to allow changing employers when 485 is pending

    Someone correct me if i'm mistaken





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  • ssdtm
    12-12 03:56 PM
    Leaving with expired I-94 is no issues. My wife recently went India, gave expired i-94 on passport. She did not give the latest i-94 that came with her H4. She got visa stamped from India, and came back without any issues.



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  • mnkaushik
    07-19 08:20 AM
    I am not entirely sure but there is a provision called "Follow to Join" that allows you to apply for spouse's 485, 6 months after your 485 is approved. The only condition you need to satisfy is that you should have married your spouse before your 485 approval date. Ask your lawyer about it. I think you should be fine. About legal status since your spouse's 485 is rejected and ur h1 is invaldiated due to your 485 approval, i dont know and you need to aks your lawyer about it.





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  • walking_dude
    08-03 09:12 AM
    If Priority date is 'Current', you can't apply for H1 extension!

    I know someone whose H1 is expiring soon. He wasn't able to apply for H1extension till July 31st as PD was current. He is applying in August in Premium.

    What happens if someones PD remains current ( say someone in 2000 stuck in FBI namecheck) and GC is stuck! Is it EAD all the way to the end thereafter?

    What do you mean by infinite? Only till your PD gets current. After that 1 year extensions.



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  • newuser
    05-14 04:40 PM
    Thanks for the update and we are still here to support the efforts of IV.





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  • shreekarthik
    07-17 03:04 PM
    !!!!. Hopefully you'll be still around encouraging others.



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  • perm2gc
    11-07 06:36 PM
    Thank you for the response, the course is very expensive and I dont have that much money. Its an MBA course and I am in software field there wont be any justifiable CPT I guess..Also, there was an RFE generated during H-1 processing asking for my status in between times. I sent I-20 to the INS and then only my H1 was approved.

    What kind of tough questions you think they can ask?? I am very new to all these and do not have much knowlege but only thing i did is try to maintain status legally..is there anything wrong that I did??
    if you abandon the course..then the VO will know that to maintain status only you have enrolled into the course..then your case may be denied ...Try to talk to your HOD and explain your situation..He/She will guide you ....Try to consult lawyers like murthy or rajiv khanna or try to PM admins if our free lawyer services can help you.





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  • royus77
    06-25 09:34 PM
    My H4 spouse left the country for vacation on May 25 (before h4 expiry)
    Attorney filed 7th year ext and I 539 on Jun14.
    My 6th year of H1 ended on Jun 17.

    The attorney was not reachable by HR or myself. HR calls me today about problem with H4 and the attorney wants to discuss. What the heck ? Do they file I-539 when some one is not in the country ? She and I always maintained proper status. What can be the problem? I am freaking out to get my h1 ext approval asap and bring her back to file 485. Now my head is exploding. Any clues ? I cant bear this suspense.

    If I 539 was filed with I 129 they mostly get approved togther .DId you apply ext in PP ? If I 539 was not filed ,just bump your H1 to PP and get an appointment in home country for the spouse to get the Visa at the consulate. Just plan every thing will go smooth





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  • javadeveloper
    08-31 12:21 PM
    A good company is the one which follows the H1B laws.





    cool_guy_onnet1
    05-25 07:44 AM
    Education is always a good investment. You may do it for GC or for any other purpose. But my advise would be to pick a good reputed school that you can handle and do something that would help your career.
    ALways go for reputed - amongst top 100 colleges. I was admitted in top 25 but didn't take it due to higher fees. I ended-up doing from a top 50 but still I see people who took reputed colleges despite fees and other issues and they are having the last laugh.





    The7zen
    01-26 07:54 PM
    Voted ????? How ? did u get a confirmation ?

    Anyone care to answer this ????



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