Saturday, June 18, 2011

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  • xbohdpukc
    04-02 10:06 AM
    You guys probably verified this already but -

    if you read (the intended) Sec 218D (amendment to the INA) and Sec 602 of S.2454, they do not exclude legal aliens.

    All that is required under 218D is that a person must have been in the US on or before Jan 7, 2004 and have proof of employment.

    Why shouldn't a legal nonimmigrant visa holder apply for AOS under 218D?

    What am I missing here?

    you are missing the whole point: you should've been undocumented on or before Jan 7th 2004




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  • GCard_Dream
    07-13 04:37 PM
    This is one of the most funniest post I have seen today. Great job. You should send this classification to USCIS and ask them to process cases based on the number and color of dots each member has. Forget about EB1, EB2, and EB3. :D

    Well.. the good news is that according your classification, no one is being deported or is a criminal. That's a relief. :D

    By the way, I gave you a reputation point and now you are up to 2 green dots. You'll get your GC faster now. CONGRATULATIONS!

    The software has an AI program that determines how likely you are to get a GC based on the info that you gave while registering and shows the square accordingly. So if you have


    one green sqaure you will get it in 4-6 years
    two green squares means 2-4 years
    one red square means that your name is stuck in FBI name check and could take 6-8 years
    two red squares means your deportation hearing is coming up any time now
    three red squares means you are a most wanted criminal :D :D


    Actually the square colors are determined by the judgment calls made fellow members. You can make this call by clicking on the weight scale image above each post. Now if only you would give me a favorable vote for explaining this in detail.:)




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  • ujjvalkoul
    01-17 03:11 PM
    Hi

    I received my EAD card but the expiry date is 01/08/08....it was approved on 01/11/2008.....

    So they goofed up as usual.....I called them and they are asking to file another 765 with
    Orig EAD card and copy of approval notice...

    Is the approval notice the letter that comes with your EAD card?

    Has anyone faced this..any pointers would help..........

    They also asked me to book an infopass appt to see if they can issue an interim EAD...or something...This really sucks...




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  • salvador marley
    06-07 06:40 PM
    wow i got two in - great prizes too.

    :)



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  • kminkeller
    03-09 01:08 PM
    Hmm thats weird. So what is porting? Does it mean that you can port from EB2 to EB2 only? I was thinking since I have my approved labor and I140 on EB3 and now as I have gained more experience and my salary meets the criteria I should be able to port from EB2 to EB3. If this is not the case then it is messed up.

    BTW dentist, I am starting a new job by the end of this month and need to talk to the employer on my situation as they are willing to help me with my paperwork. that is why it is urgent.

    Anyone has any insight to this matter.

    Thanks.




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  • dazed378
    03-28 12:31 PM
    Hi All,

    I filed joint tax return for me and my wife (who is on H4 visa) and sent the W-7 form (for ITIN processing) alongwith the tax return files prepared by my Tax Consultant. However, IRS changed my tax return to single return and reduced the fed refund accordingly, saying that ITIN for my wife is missing. When I called them, they could not confirm but only said that the ITIN could be still undergoing processing. Can you please advise what I should do now on my behalf to get back the refund balance amount?



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  • txh1b
    04-20 02:25 PM
    Thanks for the reply.

    We are not in Chicago. Their POE is in Chicago. I may have to go to the local USCIS office and clarify it.

    I am also checking with the Attorney.

    You can go to the closest international airport's CBP. USCIS local office cannot do anything about it. Only CBP can.




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  • santb1975
    02-15 04:35 PM
    ^^^



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  • PierceG
    05-31 05:06 PM
    They're all very bad. Soul's is worst.
    The music is great. I laughed and laughed.....




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  • desi3933
    02-19 10:57 AM
    Great piece of info, dude! :)

    Just an additional question, what happens if the parents are in the I-485 applied stage and the baby is born outside of US ?

    I would call it expensive mistake.

    The child has to apply for immigrant visa as follow-to-join, unless, of course, if child is still eligible for H4 visa. In that case, he/she can file for I-485 in the US if the PD is still current.

    ______________________
    Not a legal advice.
    US citizen of Indian origin



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  • RanchCharm
    07-17 07:14 PM
    Hi All,

    I applied for my 485 on June 30th 2007, It reached USCIS on July 2nd. On July 2nd morning USCIS announced that all applications will be rejected because there are no VISA numbers. Considering that I went to Mexico on July 12th and got my H1 stamped. Today USCIS has announced that it will accept applications through 8/17/2007.

    My question is: In my 485 app. I entered my old I-94# and VISA #. Since I went to Mexico and got my H1 stamped and entered US my I-94 and VISA #'s have changed. Will this be an issue?

    I heard that USCIS will verify my status using the I-94 on the 485 form before issuing a 485 reciept. In which case my old I-94 would show that I have left the country & USCIS can abondon my application!! Is this true? Has this happend to any of you?

    Please advise.
    Thanks,
    Nachi




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  • funny
    09-16 02:27 PM
    Don't forget to CALL guys..



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  • gc_bulgaria
    02-12 02:47 PM
    I would think Cross-Charegeability is automatic. I mean if one spouse is birth country India/China and one is ROW, I would think cross charegeability is automatic but then again not a 100% sure.

    Oh no - Its not automatic. You would think there would be a better way than write on cover sheet in BOLD but even though its in their own law, it is not easy to get it applied (especially with TSC).




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  • coolmanasip
    03-22 10:54 AM
    It should be safe to travel for both of you.....

    I am exactly in the same situation.....EB2, I40 approved, PD June 2006, and filed 485 in the july 2007 mess... I changed my job immediately after 6 months passed in March 2008....I have not informed USCIS about job change (AC21)......and my port of entry was Washington DC (IAD) airport......

    I have travellled twice using the AP, once in April 2008 and once in December 2009.....went through typical two step exit process from immigration......first time, I was asked who do I work for ---- I told the name of the new company and said I used to work for XX compnay (filing company).....no follow up questions or documents were asked for.....second time no questions at all.....

    Both times, I got a feel from what they were checking is that all they check is whether your I-485 is pending or not in their system......

    hope this helps...

    Thanks....



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  • psk79
    10-15 01:33 PM
    Now my last option is to apply for AP for my wife while she is in India.
    Can I apply for AP when she is in India?


    I don't think so. While the form allows for someone to apply for anyone outside US, but I think that's only for emergency/temporary travel due to their inability to attend a visa interview.




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  • eastindia
    01-06 09:44 AM
    I understand that this bill many not pass or even move any forward. I thought two senior senators from both parties showing interest in this topic is a great opportunity for IV to present our case in a different light. We have been clamoring about the difficulties we are facing because of the present delay in green card processing. Unfortunately this is only our problem and no one else really has to be bothered about it. If we present our case in a mutually beneficial point of view perhaps some of the politicians will have little more interest in our situation. Remember JFK’s famous words…”Ask not what the country can do for you….” If we write to Senators Kerry and Lugar now, even if the bill does not pass, they will consider our situation slightly differently next time CIR or another immigration bill is introduced in the congress. I think IV ought to present our case in all different angles possible rather than the one way approach of expecting mercy in our situation. Most importantly, I think the premise of the proposed Kerry/Lugar bill is very much applicable the folks in IV. Aren’t many people in this forum waiting for an opportunity to do some business on their own? That is how new immigrants in America have always been. We shouldn’t be any different. I am sure we cannot bring in the capital that senators are looking for. But why don’t they view us slightly differently?

    If it is a great opportunity, why dont everyone work on it. Start with investing in IV and taking part in it. IV is you and me.

    75% of us in this forum do not qualify for the legislation being proposed here!

    You are saying we folks cannot even invest 100K into business?

    Even if I agree with you for a second. According to you out of 50 thousand IV members 10 thousand members qualify for this legislation. 10 thousand is a very big number.
    Where are these ten thousand members? Even if these 10 thousand members invest $25 per month to lobby this bill it will be 250K per month to lobby. This is a huge amount and they can lobby this bill easily. The problem I see in IV is that out of 50 thousand people only 50 people have $25 per month to invest to lobby their own issues. Rest everyone is just sitting here and only contributing opinions.



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  • saketkapur
    03-22 12:12 PM
    This is just an opinion and things can be different from case to case.......so please do not take this as legal advice.

    As long as one's employment is legal and you are following all the rules regarding employment i.e. in case of an RFE you will be satisfying the rules of AC 21(same or similar job+ salary requirements:even though filing it is not mandatory and should not affect AP travel) you "should(not necessarily would)" be fine.
    Do carry all your documents especially "employer verification" documents, paystubs etc to verify your legal status.

    No one can predict that how a particular POE will respond so their is no silver bullet answer. All one can say is that if your employment is legal under the current immigration laws then you should be fine....
    Please talk to a reputed immigration attorney to get clarifications regarding your specific case.




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  • gapala
    02-24 12:24 PM
    its depends ...

    1) my and wife air ticket to india for visa stamping.
    2) All visa fees
    3) all hotel exp.
    4) All attorney and USCIS fees .
    but check with your CPA .

    Jeezz.. travel to India? Is this personal or business travel? If business didn't you get paid for international travel?
    I guess everything related to conducting your business can be itemized as tax deductable.




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  • ivgclive
    03-29 07:39 PM
    Which airport in Bangalore you landed?

    Lal Bagh Airport. :D :D :D




    kondur_007
    10-30 04:06 PM
    In my case - which is little different than you since I'm actually transferring my job to a different subsidiary of the same employer with employer's blessing - attorney advised to file AC21 even though I had just received my GC. It sounds counter-intuitive but his logic behind it was as follows: USCIS will surely reject AC21 letter stating the candidate has already received GC. You can then keep this response in your file and use it to defend your case if there is any problem down the road (for example, during your citizenship processing) since you had informed USCIS and they themselves said it's not necessary. In case they do not reject your AC21 request you will still be fine since it means you invoked AC21 even though you got your GC so it should still be okay to switch before 6 months.

    As always this is one attorney's personal opinion/strategy so please consult your own attorney before doing anything.


    Thank you very much for sharing this information, this is a very good point; I never thought about it.




    anai
    07-19 08:03 AM
    If you are sponsoring your spouse, you need to submit an affidavit of support. It is I-134. This forms needs for you to submit bank statements, tax returns etc. with it.


    This is incorrect.

    The easiest way to address such questions is to take a few minutes to read the instructions to the form I-485 (which is available on the USCIS website at http://www.uscis.gov/files/form/i-485.pdf). An affidavit of support is needed in the EB context, only if the applicant's family owns 5% percent or more of the sponsoring employer.

    Sending tax forms, W-2, bank statements, etc. is part of the overdocumentation approach. But note that these are not required.

    This question has been asked and answered many times. So please (a) search the forums before opening new threads and (b) read the instructions to the form.

    Also, if any of the answers on this thread were useful, consider contributing to IV.



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