Thursday, June 9, 2011

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  • nchendica
    06-24 06:53 PM
    I am also on the same boat. Did you get answer for your question? i.e. linking your old 485 to new I-140?


    Thanks,
    Naga

    Hi,

    My company gave ma a substitution labor and it is having a problem in term of degree.
    My I-485 is also pending based on that I-140.

    1. Is it possible to apply new labor and I-140 in premium processing and use that new I-140 for previously applied I-485?

    2. In substitution labor that person was having 4 years of Bachelor degree and I have 3 years of bachelor degree, lawyer said there is a chance for get approval for I-140 based on substitution labor.


    Please advice.

    Raj Soni





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  • p_aluri
    11-09 03:13 PM
    Your Employer is wrong. USCIS won't send I-94 in separate mail.

    As per my knowledge, One should not start working unless there is I-94 attached to I-797 Approval Notice.

    Your wife need to go out of the US and get it stamped before start working.

    At POE, the Immigration Officer will issue the new I-94 with valid H1-B Status.

    Again I am not an attorney...

    Please talk to attorney for further clarifications.

    All The Best.........



    Hi All

    My wife received her H1 document approval notice yesterday, but her approval notice does not contain I 94.

    Employer says they will receive I 94 document seperately and they will mail it.

    My question is, Is Employer saying TRUTH
    Usually I94 is part of H1 Approval notice, ie bottom part, Do USCIS send out both these documents seperately.

    If my wife does not get her I 94 what are her Options

    your Response is truly appreciated





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  • xiaomatu
    06-05 05:06 PM
    Thanks for the reply. But like I mentioned, this case was approved on 5/8/2008 and the approval notice was sent on 5/8/2008 and received on 5/14/2008. Between 5/8/2008 and 5/22/2008 the status was "approved, approval notice sent".

    Afterwards since 5/22/2008 the online status became "new documents sent on 5/22/2008, you should receive it within 30 days". I do not think this "new document" is the approval notice coz I even received it before they sent. Just curious what could this "New document" be. Would it change the status of my I-140 (like revoke or withdraw or RFE)?





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  • jambapamba
    07-13 08:01 AM
    What about ... "Allow 485 apps based on original July bulletin(accept July filers only)"



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  • Spotted: Rose McGowan Kissing



  • sankap
    07-20 02:38 PM
    So, if your dependent has been on H-4 and used some document as proof of marriage, how would you account for two different dates--one for H4 etc, and the other for your US marriage?

    actually we did not have marriage certificate after trying hard from india, so we got married only recently. i dont know what will happen because actually we filed tax together as couple for few years.





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  • sbabunle
    04-13 03:50 PM
    Its a nice vision. But as people getting green card they would
    leave here..Any organization needs money to survive...Who
    will donate it? But I agree that we need an organization
    to represent ourselves.

    Certain things we could address after GC Retrogression is
    undercontrol ( if ever happens)

    1. Address FBI name check issue..
    2. Bring back VISA revalidation inside USA so that we
    dont have to make a trip to US embassy..
    3. Work for getting Social Security money back if we returns to home country.
    ....etc etc........
    As time pass by old issues may be solved, but new issues will
    surface.....

    So I'll support an organization for sure!

    thx
    babu




    I want to address this to everyone. Any organization needs a clear and precise Vision statement. Majority of the senior member complain that the people with green card and citizenship do not support immigration voice; then the question becomes what is our vision. If we confine ourselves to the benefit that we all should get green card, then what is the need for someone who has already got a green card to visit this web site. Humans are need based animals, whether you like it or not tomorrow if I get my Green Card (A big IF) it is very much likely that my visit to this website will be minimized. My priorities will be different. So core group should get a better vision statement which might address all immigrants.

    The reason I came to immigration voice is slightly different, because I am still not convinced enough to accept that core group could do something which will make our law makers� act different. I support immigration voice on a bigger picture, it unites all immigrants together, and the website provides me support to all my immigration need. For example, I can search the website and find information regarding visa stamping, H1 quota and what my fellow countrymen think about it. So my sincere advice to the core group is to create a vision statement which is much bigger than the green card issue and which will make sure all immigrant no matter with green card or not will visit our website. Make the vision statement visible in the website. You have much better exposure through this. I have to agree, I am writing this out of frustration :D , but to be honest, do not treat this website for green card retrogression alone, treat it as something bigger, which will address all immigrant needs.



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  • krustycat
    10-24 10:40 AM
    I called uscis twice. The IO said they cannot raise a "Service Request" because they don't have enough evidence that the application was received properly and accepted for processing. They don't accept the tracking number as evidence. :confused:
    The IO asked me for the receipt #, or evidence of checks cashed because I'm not in the system yet. :mad:
    On July 9 my application was received in NSC and was signed for by F HEINAUER.
    107 days and counting... :(





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  • gcformeornot
    02-03 02:14 PM
    AILA/CBP Liaison Practice Alert : H-1B Admissions at Newark, NJ Airport

    Cite as "AILA InfoNet Doc. No. 10020237 (posted Feb. 2, 2010)"


    AILA CBP Liaison Committee Practice Alert
    H-1B Admissions � Newark, New Jersey Airport
    (2/2/2010)

    The AILA U.S. Customs and Border Protection (�CBP�) Liaison Committee received reports from AILA members that CBP inspectors at the Newark, New Jersey airport port of entry were apparently assisting in an investigation involving certain H-1B nonimmigrants from India and certain H-1B petitioner companies. The inspectors� questions focused on who the individuals worked for, how their pay was computed, who paid their salary, their job duties, and what they were paid. In some cases, the individuals were subjected to expedited removal and visa cancellation.


    After inquiring with CBP headquarters (�HQ�) about these incidents, the CBP Liaison Committee was advised by HQ that several of these cases involved companies under investigation by U.S. Immigration and Customs Enforcement (�ICE�) and/or U.S. Citizenship and Immigration Services (�USCIS�) for ongoing fraud. CBP HQ noted that they use as much advance information as possible to target specific individuals who warrant additional inspection. HQ also noted that recent enforcement cases reviewed ranged from simple documentary deficiency to visa/petition fraud. Upon an inadmissibility finding, the determination to either allow the applicant to withdraw his or her application for admission or to subject the applicant to expedited removal is based on �the totality of the circumstances and reviewed on a case by case basis.� In the Newark enforcement actions, CBP Newark worked closely with USCIS � Fraud Detection and National Security (�FDNS�) and the Department of Labor � Office of Investigations. CBP HQ stated that those questioned were offered the opportunity to contact their consulate and that CBP officers contacted the petitioner and/or current employer when clarification was needed. CBP HQ confirmed that they screen ALL employment-based visa holders to determine admissibility and ensure compliance with entry requirements.


    In addition, on January 27, AILA members attending a CBP meeting in the Newark, New Jersey area were informed that a new policy has been instituted at Newark Airport. This policy involves conducting random checks for returning H-1B, L-1, and other employment-based visa holders. Based upon the initial check, if the person�s admissibility is questionable, then he or she will be sent to secondary inspection for further interview. In some cases, if CBP discovers discrepancies in previously filed petitions, then the applicant may be asked to withdraw his/her application for admission into the United States or be subject to expedited removal.


    During that same local CBP meeting, attendees were advised that if CBP discovers that a returning Lawful Permanent Resident has a post-1998 conviction, the Lawful Permanent Resident may be detained. The Newark airport port of entry has adopted a mandatory detention policy for crimes that were committed after 1998. In the event that CBP cannot get a copy of the conviction record in twenty-four hours, the person may be released. The only exceptions are that CBP will release a Lawful Permanent Resident for humanitarian reasons; extenuating circumstances such as if the foreign national is traveling with children and there is no one to pick up the children; or when the person is a sole provider for United States Citizen or Lawful Permanent Resident children. Please refer to the CBP Committee advisory as to the detention of returning Lawful Permanent Residents. (AILA InfoNet Doc. No. 09100122).


    Individuals with pending I-751 petitions returning to the United States via the Newark airport port of entry, who have a I-751 filing receipt documenting that an I-751 has been properly filed or an ADIT Legal Permanent Resident stamp, will be sent to secondary inspection for further interview to verify the validity of the I-751 Petition. It is unclear if CBP will undertake a substantive review of the I-751 Petition.


    In all cases, attorneys should remind their clients to thoroughly prepare for their trip to the United States and their inspection upon application for admission by reviewing all pertinent documents to their petition and to consider carrying evidence to support the assertions made in the petition filed on their behalf by their employer. Similarly, employers must be prepared for telephone inquiries from CBP officers at ports of entry to confirm the assertions made in any nonimmigrant petition and supporting documentation. Finally, employers must be advised that the government may review information in any public venues such as websites and other media for consistency with petition content. Thus, keeping such public information accurate and current is essential.


    Note the new fraud related language added to I-797 approval notices �



    NOTICE: Although this application/petition has been approved, DHS reserves the right to verify the information submitted in this application, petition, and/or supporting documentation to ensure conformity with applicable laws, rules, regulations, and other authorities. Methods used for verifying information may include, but are not limited to, the review of public information and records, contact by correspondence, the Internet, or telephone, and site inspections of businesses and residences. Information obtained during the course of verification will be used to determine whether revocation, rescission, and/or removal proceedings are appropriate. Applicants, petitioners, and representatives of record will be provided an opportunity to address derogatory information before any formal proceeding is initiated.


    Please do not forget to contact the CBP port director to follow up on case problems at a particular port. In addition, as needed, file complaints through the CBP complaint process referenced on InfoNet. (AILA InfoNet Doc. No. 09090364).



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  • Ramba
    03-28 01:46 PM
    The Advance degree + 3 years of experience on H1B are not just a matter of fact formulation from the senators. It�s an effort to revert back to the 60�s through 80�s formula where the only way to immigrate to the US (at least for Engineers) was to pursue a master�s degree in the US and then adjust their status to a PR. There is a growing demand from academic institutions to revive this culture. America wants people to study here, specialize in evolving technologies and drive the technological innovation. Every day we see posts on this forum of folks wanting to include laws and regulations to fix the situation that they are in. We need to have a unified front with a common goal. May be we should learn from the �less educated� Latino community. They probably do not have the internet media to rally support but boy did they have their voice heard with ONE COMMON AGENDA.

    I agree with you. All the peoples want to fix the problem currently they are in. We should have a comman, broad sense goal.





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  • ameryki
    06-18 10:16 PM
    I sent the following:

    1) Confirmation Receipt of application
    2) Copy of I 485 receipt
    3) Front and back copy of current EAD card
    4) A copy of the cut out that the current EAD came in

    I don't think you need anything else. If you look at it theoretically I-94 and passport, drivers license has nothing to do with an EAD card approval or denial.



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  • another one
    07-01 09:28 AM
    And then either edit your post or remove it.

    To Administrator: Why are you deleting my post. I am just copy pasting a PURE TRUTH i.e. a TEXT OF LEGISLATION. I am not making up things. There are many other threads where people are just discussing unnecessary stuff. I am just saying that legal immigrants who have not yet applied for EB should contact congress to include us in any kind of amnesty - not exclude us. How


    OUT. ACT NOW...





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  • snathan
    05-17 05:04 PM
    Thanks Nathan for quick response.

    But what do i need to do? Do i have to change my place of birth in my indian passport? Can i have "Nepal" as place of birth in my indian passport? Do i still remain indian citizen or would it be considered a fraud? I think, my parents put india as birth place, so i dont face any difficulty in india. what does Indian constitution say about citizenzip?

    Are there more people like me here? who were born outside of india, but are Indian citizens?

    Thank you for help

    People who were born outside India can be Indian Citizen. But you need to have the only one country as birth place. Otherwise it will create trouble for you with USCIS



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  • baleraosreedhar
    11-19 02:36 PM
    I am going to send a new Invitation letter will instruct them not to show the documents unless asked for.

    Thanks
    Sreedhar





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  • sbmallik
    06-12 03:30 PM
    Yes, you can stay in US as long as your I-485 is pending. In order to work, you need EAD, which you can file at any point of time (even if the previous one gets expired). Please note that you have to wait for the I-765 approval before stating to work on EAD.



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  • gcbikari
    03-18 11:57 AM
    Most of people file taxes jointly and so I am wondering if it becomes an issue for spouse on H4 about false info on income.

    If your wife is on H4 she has no income hence she qualifies for free medicaid insurance. provided you fill out the forms the right way.

    And there is a seperate Health insurance sponsored by government for kids below 18 years. based on your wife's Medicaid, your child can qualify for that insurance in your state.

    You might need to buy insurance for you.





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  • laksmi
    07-19 05:03 PM
    Is it possible to verify PIMS name check clearance before we attend the consulate in india.



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  • obviously
    05-08 11:08 PM
    Your post deserves to be deleted. You seem to lose sight of the real issue and instead resort to preaching from the relative anonymity of your digital pulpit. There are families that are worse off for having ITIN and unable to get an economic stimulus check that is intended to help kick start the economy NOW. Preaching that they can submit an ammended return sometime in the future is a moot point. Catch the irony? Economic stimulus is to help the economy now. Now. Now. Let's try that 3 more times.





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  • theMan
    02-25 05:47 PM
    ssd213 has pointed you in the right direction. However this is not so simple as taxes depend on a host of other factors that have not been mentioned.
    To put it in one line, you will pay taxes in India after your RNOR period only on the accruals of the 401K funds. You cannot be taxed twice.

    Thsis forum , http://www.r2iclubforums.com/clubvb/ has plenty of discussions on this topic.





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  • akhilmahajan
    09-14 03:56 PM
    Hi All,

    I think a lof people have the LUD is 08/05/07 for 140 filed in TSC..and everyone takes their guesses. Please post if u r LUD for 140 is 08/05/2007 ;

    Any idea what we are trying to achieve here?

    If you guys thing i am dumb, you are more then welcome to think that, but i am still confused about the thread.





    knnmbd
    05-25 08:26 AM
    I presume this is independent of the Advance degree provision in Sec 508 of the bill. India/China would not qualify for the diversity visa program any way. Correct me if I am wrong.





    waitin_toolong
    12-07 02:39 PM
    Request transfer to Counsular processing, withdraw I-485, I-131 and EAD
    remeber cannot come back to USA using F1, B1 or any such non-immigrant visa.

    H1/L1 can be used is there is time left on these/ spent 1 year abroad if not



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