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  • RDB
    05-06 12:01 PM
    To get an answer just visit this thread

    http://immigrationvoice.org/forum/showthread.php?p=339084#post339084

    Thanks for the link. Looks like I will have to get ready for an interview!!!!





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  • hydubadi
    02-03 12:32 PM
    ^^^^Bump^^^





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  • rajenk
    08-14 05:18 PM
    Thank you all.

    Today I called USCIS and the CSR (Customer Service Representative) said, to receipt applications USCIS might take 90 days. And he said I am lucky to get my receipts!!! (I filed on July 2nd!) My wife's receipts will be sent once they enter her application and validate it. He cannot track my wife's application status based on my receipt number. It looks like USCIS needs good DBAs to design and normalize their tables and Data base!!

    I'll wait, and will check with my lawyer to see if they can verify with the cashed check.

    Thanks
    Raj





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  • immiusa
    09-13 12:12 PM
    Hello,

    This is my opinion and I am not a lawyer.

    I do not think usa consulate can track spouse unless otherwise specified/applied for H4. Since you both have individual work permits. You will appearing like an individual. So, there will be no questions regarding spouse status.

    Regarding your H1b deniel laster year. I have not heard of such cases. But one thing. USA consulate can ask for more evidence regarding the job offer in USA. They may even say that your job offer do not seem valid.



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  • sk.aggarwal
    11-11 08:03 PM
    I have never heard about this before, but if I were you I would:
    1. Immediately request transcripts from college in sealed envelope, exactly as requested.
    2. I dont think sending notarized copies will work, because notaries normally dont attest document, owner of the document does that and they just say that it is your signature. As per my understanding you will need to send the originals as requested. But with it you can safely send a letter asking them to send the documents back. Include a prepaid fedex envelop.

    Worst case, they will loose these documents but you can get them reissued from university. But if you dont send documents as requested your application could be denied.

    Its amazing the extent USCIS will go to make our lives tough





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  • krishmunn
    03-07 03:50 PM
    Just make sure your new job description somewhat matches the one on which your I140 was approved. I *think* the job descriptions have to match for PD porting???? IDK

    Job description need not match for PD porting.



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  • h1b_tristate
    07-27 08:02 PM
    Hi everyone,

    I have a question on changing jobs. I am on my second H1b and my h1 expires in a little over a year. I have a possible offer for a job and would like to change. My question is if i DO change jobs right now, can i still apply for my PERM and will i be eligible for further h1b extentions?

    A friend mentioned to me that your labour needs to be applied for atleast one whole year (even if it has been approved in PERM), to be able to apply for any kind of H1 extentions.

    Can someone on here please tell me what the law is on H1B extentions and how it works exactly in a case like mine.

    Thanks





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  • kaisersose
    11-30 03:40 PM
    They will not approve a derivative case without approving the principal. USCIS does not follow FIFO, so though it is possible they picked up a 485 application from July, the second problem of having a PD available kicks in.

    So for this approval to be valid, some IO should have

    1. Picked up a July application for processing

    2. Ignored the PD requirement

    3. Approved the derivative without bothering to first approve the primary.

    Three mistakes together is impossible. It is just a data entry error.



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  • mallu
    10-01 12:39 PM
    .....Currently the FBI name check system is a bonanza for a criminal. He/She will have 2 - 3 years to commit the crime, before the FBI catches up with him/her.
    .....

    They are not dumb , they might be already keeping a watch on you while on soil.





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  • redds777
    01-14 01:05 PM
    Hi
    Congrats on ur GC . can you tell us what was ur wife's EB2 priority Dt.

    Thanks



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  • amsgc
    03-31 02:53 PM
    I have a somewat similar situation, here goes:

    Myself: "Resident Alien for Tax purposes" for 2007.

    My wife: Before we got married last year, she was on J1 (> 6 months)
    Therefore, that time does not count towards calculating presence in the US for tax purposes. This implies she is a "Non Resident Alien for Tax purposes" for 2007.

    The 1040 instructions (http://www.irs.gov/pub/irs-pdf/i1040gi.pdf) state that you cannot file as "Married filing Jointly" if either spouse is a "Non Resident Alien" for tax purposes, UNLESS the other spouse is a citizen or a permanent resident. (Page 13).

    My thought is that I will have to go with "Married, filing separately". Since my wife did not have any income, I may be able to take a deduction for my spouse(Page 14), if she doesn't file her taxes.

    You are correct that if you file jointly, the difference is quite a bit - but I am not sure what else one can do.

    If others have dealt with a similar situation, please advise.

    Thanks.

    Ams





    Can we file taxes seperately on married status?

    I mean, my CPA did estimates seperately and we found substantial difference...

    Is there any problem in we filing seperately as we r into 485 peding stuff?...
    From an Immigration perspective, what are the ramifications when 'Married and filing Jointly' versus 'Married and filing seperately'.

    First of all, are they related?





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  • gc_kaavaali
    05-21 02:37 PM
    Hi,
    I had sent an e-mail to my attorney...below is his reply...looks like i will get my renewed EAD before current EAD expires.


    USCIS typically issues new EADs within 90 days. If they don't, you may make an Infopass appointment to appear in-person at a local office to request that they process an interim EAD. The local office will not issue an EAD. Rather, they will contact the Service Center which will typically issue the EAD within two weeks.



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  • meridiani.planum
    12-13 06:26 PM
    you are a sheer genius (or should I say genie-ASS).

    Yesterday you posted a link from Murthys website:
    http://immigrationvoice.org/forum/showthread.php?t=16081
    got beatings for that. Went away for a while. Now you come back with a posting from Mathhew Oh's website.
    In neither case you posted a link to where you go the information from (also removed the copyright notice that Murthy puts up on all her postings), act as if its some "breaking news" when we have all read it ages ago, and are barely recovering from the hangover.
    You are probably expecting flowers, but will receive brickbats. Again.





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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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  • agpg
    08-08 01:15 PM
    Just had an infopass appointment.

    Me: Can you tell us the status of our 485s?
    I/O: Name checks are pending for both
    Me: Do you know when they were started?
    I/O: At the time your application was submitted (duh!)
    Me: Would our applications still be processed?
    I/O: Yes, they are at TSC(duh!) and they are aware of the 6 month rule
    Me: Are they assigned to an officer?
    I/O: Right now they are with the officer"s" at Texas, as recently as July 31st, not too long ago.
    Me: When do our fingerprints expire?
    I/O: blank

    I had enough by then.. dont think anything will happen to our apps this month. My wife will get a RFE, because of incomplete medicals (Xray), I was atleast hoping to get that RFE this month.

    Which area's infopass center is this? Was the officer friendly?





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  • anishNewbie
    09-10 04:07 PM
    MS + Zero exp = I doubt if any one out there

    Hmm.. I though many people are there.. bumerr...

    Anyways.. I am shooting for EB2 category as I have my MS.. Few of my freinds here in office have applied for GC , but all of them have applied with MS + 1 atleast... I was kinda worried as my JOb code falls under JOb zone 4, how will i qualify for EB2 even though only having MS does qulaify for applying EB2..

    I know.. that a position should require MS or BS +5...rather than one having that degree..

    I was just wondering if there are some people who have applied under EB2 category with MS +0 experience....


    Thank you every1 for your prompt responses...



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  • eb3_nepa
    07-20 05:29 PM
    if your wife has no time left on her H visa, and she is a phd. .. she can do research on J1 visa. She can work and also apply for greencard.

    Also why dont you apply in EB1 Thru your wife in parallel to ur own GC. PhDs dont need an employer to sponsor them.





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  • gcformeornot
    08-16 02:35 PM
    Thank you guys.

    What is bothering me is that they told us the Wrong Information PLUS lawyer was just asking for filling fees(which is 745) during the time of signature but now Company is charging even for legal fees.

    I believe they want to earn extra money from us. What should we do now about this wrong info?

    You think we have no choice here but to pay?

    I'm sorry and thanks for your help.

    Most of the companies have clear cut HR policy on who is covered who is not.
    No matter what HR member said they will follow HR policy.





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  • boston_gc
    02-23 09:53 PM
    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...





    Oasis52
    05-16 09:06 AM
    Thanks you are right on consular processing and you are also right that on transfer receipt one can start working

    But I am still confused on entering USA. I read on all the forums, you can enter usa with a Transfer Receipt if your h1 stamp is still valid.

    So thats something i am trying to sort out.





    gc_kaavaali
    11-14 04:36 PM
    ^^^^^^^^^^^^bump^^^^^^^^^^^^^^^^^

    who gave me red mark?

    somebody gave red mark...what happened???



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