Wednesday, June 29, 2011

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  • shimul99
    10-04 04:20 PM
    my mothe in law is visiting us. she came to the Us last Aug 2006 as a B2 (tourist visa). we extented her visa once which iwas valid for Aug 8, 2007. then we applied for the extention again. yesterday we received the letter saying USCIS is not going to extend the visa anymore. the application had been rejected. but they didn't mentioned any date in the letter about when she have to go back.

    what is safe for her? does she have any deadline to go back? is it 15 days or a month....

    someone please let me know...thanks ahead





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  • andy garcia
    07-02 09:50 AM
    I live/work in california - and on the I-485 form it says the address is :
    USCIS Nebraska Service Center
    P.O. Box 87485
    Lincoln, NE 68501-7485

    Can someone please advise? Apologies if this has been covered already.

    Employment-based adjustment of status.

    File all employment-based AOS applications at the following address:

    USCIS Nebraska Service Center
    P.O. Box 87485
    Lincoln, NE 68501-7485

    This includes an EB Form I-485 filed concurrently with a Form I-140, Immigrant Petition for Alien Worker, and an EB Form I-485 filed based on a pending or an approved Form I-140.





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  • baburob2
    02-13 05:35 PM
    Hi
    Can someone provide me a good CPA who assists in the formation of the corporation in Southern CA , Orange county and also assists in preparation of the business tax?





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  • loku
    08-16 08:03 PM
    I was on H-1 and got laid off on July 23. I filed for COS to H4 online on the same day and got the electronic receipt the same day. As I had filed I-539 after work hours, the receipt shows that USCIS received my application on July 26 instead of 23. I got the paper receipt in next 3 days. I hope this will not create any problems as my employer sent notification to USCIS on July 31 and I received my last paystub on July 31 though it was only till July 23. I have been working in US with good status for last 5 years.

    Now I have some questions. Any help is greatly appreciated:

    1) I recently got two Job offers from different consulting firms. When I told them that my H4 status is still pending, their attorneys told me conflicting things.
    - One employer's attorney said that I have to wait till my H4 is approved and only then they could apply for my H1. At this time I have not status and they cannot file my H1.
    - The other employer's attorney said that I could apply for H1 while my H4 is still pending by giving pending petition reference in the new H1 application. This will let USCIS adjudicate both the pending status together and there will be no problem for my H1.

    Which one of them is correct ? What are the risks involved if I go with the advice of second attorney? Is there a possibility that filing H1 increases the chances the both my H4 and H1 applications are rejected and I could be OOS ?

    2) Second question is that the second employer wants me to start immediately after I get H1 receipt. Am I eligible to work on a receipt with my situation or do I need to wait for the complete approval ? What if I get an RFE ? As this is a consulting firm, they have work order from end client for only 3 months and it will be renewed after every 3 months. Will this 3 month work order will create any problems ?

    3) What is my current status ? Will the current time while H4 is pending will be counted against H1 or H4 ? As I have only a little over year left in my H1, it is important for me to know how much valid time I have left for H1. This processing time could go in months if I get an RFE.
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  • desi3933
    05-19 03:57 PM
    ..............
    2) Explain why you leave at the following address( XYZ�.) and your spouse lives in ABC address.
    ..........

    I hope that you are aware of the rule that AR-11 (change of address) must be filed within 10 calendar days of physical move.


    ___________________
    Not a legal advice





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  • minimalist
    10-11 09:53 AM
    HI Folks

    The reason for this post is as usual- too much confusion and no clear answers. i read on oh law firm that if you are not in a non-immigrant status i.e are working on EAD, there should be no gap in your EAD while you are working. Meanin you should stop working if your current EAD expires and your new EAD is pending- otherwise its a violation of law and provisions of 245 do not protect you because technically you are NOT a non-immigrant.

    Is that true?????

    Now, i recently had to go to India for an emergency, and had to come back on AP- did not have time to get my H1b visa stamped. I asked at the immigration counter if my H1b is invalidated and he told me it is. I spoke to my lawyer and she told me if you resume your H1b employment with the same employer- you are back in status- i kinda did not buy that though.

    Can someone please shed light. My concern is that my EAD is expired- new one is pinding. Although i was on h1b when i left for India, but came back using AP. Am i breaking a law by working??

    thanks

    If you resume the job you were doing before you left, you do not need EAD. If you switch employment, then you have to use EAD.



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  • GC_LOOKIN
    12-10 10:03 PM
    Hello Gurus,
    I have filed my I485 on July2nd 2007 at NSC , my priority date is June2004 EB3 category.I recently saw 3 LUD's within 1 week timeframe. Is this a good thing or bad thing?? did this happen to anyone?
    Appreciate your response.





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  • Devils_Advocate
    04-08 11:54 AM
    USCIS announced it continues to accept H-1B nonimmigrant visa petitions subject to the fiscal year 2010 (FY 2010) cap

    USCIS press release:

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=cf6c9a6461680210VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD



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  • Kapils573
    12-11 12:55 PM
    Priority date : May 2006
    EAD : 2 yrs





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  • sgudge
    02-13 06:04 PM
    ya i know exactly what you want to say , its easy for them follow the pattern.

    maybe its best that 1 year i go to visit her and 1 year i call her over here .


    :-)



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  • f1vlad
    03-23 04:56 PM
    Hi,

    I have a pretty simple question.

    A person decides to change employers, moving from company A to company B. It's been 180 days after 485 filing.

    Question: what does company B have to do to legally take this person on as full time employee? Is the process any different than taking any other american resident employee? The way I understand is it is not any different.

    Please advise,
    Thanks,
    Vlad





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  • PresidentO
    02-03 01:12 AM
    Dont flll 1040 by yourself if you are not a tax expert.

    Line 34 in 1040 is tuition and fee deduction and you have to file form 8917.

    get Some software such as Turbotax or Taxcut



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  • snhn
    11-06 11:05 AM
    here is what uscis says about lud

    * Note on "Last Updated" date:
    Your case may have a new "Last Updated" date and you may receive an Email Notification of your case being updated, without the status of the case changing. This is due to internal USCIS processing being performed on your Case. This will be reflected in the "Last Updated" date, but may not result in a different status message

    For all the folks who have done FP and have received their EADs, did anyone ofyou got any LUDS on your AP case since the receitp date. If so, please let us know how many LUDS and how often you go them.





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  • paskal
    03-04 12:44 AM
    We are in regular contact with Senator Conrad's office and iv-physicians has a seat on the physicians task force that has been working on this. As you well know the environment is toxic towards any immigration relief but efforts are ongoing nevertheless.

    Please join the physicians chapter for further information. See the link in my signature. As a reminder- this is a closed group that works with sensitive information, make sure you provide your name and telephone number, e mail for contact and general info about immigration status, practice etc.



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  • shimul99
    07-31 05:42 PM
    140 processing has got nothing to do with your country of origin. Country of origin is used for quotas in AOS/485

    In that i applied my I485 in July 2, 2007. AS i'm from bangladesh...when can i expect my AP, EAD and the I-485





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  • kevinkris
    03-06 12:34 AM
    Hi All,

    My friend got laid off on Dec 19th 2008. And he got another job, but the new employer is not providing him Group Health Insurance. They are asking to take him Individual Family plan and saying they will reimburse. But the problem is, he is in Albany, NY and he got to know that they are no individual plans in NY which is really odd.

    He wants to use COBRA but it's really expensive 1200$ per month. But luckily we saw that there is a 65% discount for people who laid off between 1st Sept 2008 and Dec 31st 2008.
    But want to know whether H1b employees are eligible for this discount or only American Citizens and Green Card holders?

    Please find IRS article regarding the same.
    http://www.irs.gov/newsroom/article/0,,id=204505,00.html

    Thanks for your help.



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  • paskal
    10-02 05:39 PM
    Hi Guys,

    Good to see the Southerners out! Please continue this effort and help translate it into a formal IV chapter group for Loisiana (may consider combing with sorrounding states too). let me know if I can help...





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  • Ann Ruben
    05-28 01:40 PM
    1. An F2B petition can be converted and you will retain the original priority date as long as you do not marry before your father is granted citizenship.

    2. You can and probably should pursue both family based and employment based permanent resident status simultaneously.





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  • pinganand
    07-04 10:35 PM
    Hi,

    My spouse (Indian citizen) has received an RFE for her derivative I485 application.

    Her birth certificate has a different first name than her passport. We had filed the birth certificate and an affidavit from her parents attesting to the change. But that doesn't seem to be sufficient.

    The RFE states:

    "Your birth certificate indicates that your first name is XXX and not YYY. Please explain and submit additional documentation in support of your claim".
    ...
    "Copies of the personal pages in your passport OR affidavits are not sufficient to establish a legal name change. Court documents submitted as evidence of name change must have been registered with the proper civil authority".

    We now plan to submit the following:

    1. Court Affidavit filed by my spouse's father at that time of legal name change, at age 3. This affidavit was before a Sessions Judge in India. This was the legal process of changing her name at that time.

    Will this be sufficient? We don't understand what it means for a court document to be registered with the proper civil authority. Can you please advice?

    2. My spouse has a Certificate of Age, Domicile and Nationality issued by the State Goverment of Maharashtra that refers to the new first name and also refers to the birth certificate as well, as proof.

    Will that count as sufficient "registration with civil authority"?

    I would appreciate if someone who has go through this issue would comment on the proper ways of addressing this.

    thanks!
    Anand





    uma001
    04-14 03:04 PM
    I am currently on H1B, and my current company is not willing to sponsor me for GC. I am in my 5th year. I have found another company who has agreed to hire me and start my gc process, however, I am in a fix. This new offer is in CA and I am currently in NJ (+ my family)

    I don't want to take this option unless it is absolutely necessary. My spouse, has the I-140 approved and not yet filed I-485. PD is Jan 04, EB3.

    What are my options?

    How many months left for you in fifth year? You need atleast 6 months to join another company so that they can do all the necessary steps in those 6 mnths before they file PERM. Are you trying to transfer to consultancy or full time employer?





    panky72
    06-16 06:18 PM
    H1 with company (X) was denied on May 2008, but made appeal to it and its in the process.
    during the same time
    i have applied for H1 transfer to company (Y) throught consular processing. I got approval.
    If i go for Visa Stamping would it be a problem. Live around Ca. planning to go for Tijuana, Mexico.
    also
    Company (y) says it won't generate pay stubb unless u get visa stamped. Do i really need pay stubb(s) with
    company(Y) in order to go for stamping.or its okay to go with company (X) paystubs.
    My paystubs are still with company (x) till month of May 2008.
    how good are chances of getting visa if im going for stamping in month of July, 2008

    pls advice... what should i do in the situation i'm in

    You had already have a open thread with similar questions and received the answers. Why open a new thread.
    http://immigrationvoice.org/forum/showthread.php?p=255604#post255604