Friday, June 17, 2011

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  • rkotamurthy
    10-01 11:37 AM
    bump ^^^^




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  • lusuresh
    07-17 09:27 AM
    I am also in somewhat same situation. My Employer didnot pay me for one month and didnot provide paystubs for 4 months. ANy way I sucessfully joined a large corporation as they were willing to listen to my situation. When I ask for pay they say they will suit me as I have joined the client.




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  • jotv
    11-19 01:09 PM
    thank you for your reply .

    i have another question is i took the dd in hdfc is 4322/- by combinding 4000+322. is this the correct way or should i have to take two different ?iam lokking for first time h1b visa stamping .i already mentioned this.

    before going to interview i have to take any other dd like h4 persons will do? if yes how much ? because i read some where 20,000 for blanket petition .

    please tell me what documents i have to take to the interview? is there any sample questions list ?

    i appriciate your help really.




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  • kumar_77
    12-17 10:12 AM
    Hello ,

    can you please give some details ...like your 140 Status , eb -2 , or eb-3 , PD ...SUB etc..


    Thanks



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  • vandanaverdia
    09-09 03:45 PM
    Please spare some time & thought & decide to be in DC at the rally.




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  • koppula09
    01-04 12:51 PM
    Hi,

    I have a serious problem and I am not sure what would be the solution. My wife came on H4 in 2001 and we applied for H1B and we got an approval which was valid until Oct 2006. But, in Mar 2006, due to some personal reasons we applied for COS from H1B to H4 and we got H4 approval which was valid until Aug 27, 2006. Before the expiry of H4 status in August 2006, we decided to apply for H1B and since her H1B was valid until Oct 2006, our attorney applied for H1B under I-539 and they didn't apply for H4 extension simultaneously. Meanwhile, while the H1B was in process, we applied for premium processing later which added few problems. We got an RFE on this case and our attorney answered it by sending appropriate docs but again we got a second RFE which is not answered yet.

    Right now she is out of status and also, what will happen if her H1 is rejected and is it possible to apply for H4 right now, since it was expired in Aug 2006. If her H1 is rejected, can we apply for H4 even though her H4 was expired few months back or she has leave the country. Please help us out.

    Thanks & Regards,
    -- Venkat



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  • vnsriv
    03-27 11:02 AM
    Hi All,
    My gc was filed in Jun 2002 under EB3. I had approved labour and I-140.(in feb 2004).
    I had filed my I-485 in June 2005 and got EAD in one month. I got married in Jan.
    So is this correct that I can file my wife's case only when priority dates become current?
    Now the real question is how do I keep track of this.

    Option 1

    On US buletin, as of April, http://travel.state.gov/visa/frvi/bulletin/bulletin_2847.html

    All Chargeability Areas Except Those Listed CHINA INDIA MEXICO PHILIP-PINES

    Employment-Based
    1st C 01JAN04 01JAN05 C C
    2nd C 01JAN03 01JUL02 C C
    3rd 01MAY01 01MAY01 01FEB01 08APR01 01MAY01

    So I should look at wait till my priorites date become current?(change from 01 Feb to Jun 2002) Is that correct?




    Option 2
    https://egov.immigration.gov/cris/jsps/Processtimes.jsp?SeviceCenter=Vermont

    I-485 Application to register **** Employement Based adjustments application March 01,2005

    Does it mean if I-485 dates move from March 01 to Jun 2005, I can file my spouse's case

    Please suggest which is the correct way to keep the track

    Thanks a lot




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  • prioritydate
    08-14 12:33 PM
    yes u are

    And what is that??



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  • beautifulMind
    08-24 12:40 PM
    Fragomen Client Alert (08/06/09) - USCIS Expands Employer Site Visit Program (http://www.worldwideerc.org/Resources/Immigration/Documents/fragomen-20090806.html)



    August 6, 2009

    USCIS Expands Employer Site Visit Program __________________________________________________ _______

    Executive Summary

    U.S. Citizenship and Immigration Services (USCIS) is expanding its unannounced visits to the worksites of employers that sponsor foreign workers. USCIS uses site visits to verify the information in an immigration petition submitted by the employer and to make sure that sponsored workers are complying with the terms of their admission to the United States.

    U.S. Citizenship and Immigration Services (USCIS) is expanding its site visits to employers that sponsor foreign workers. The site visits, which are conducted by USCIS's Fraud Detection and National Security (FDNS) unit, are usually conducted without notice. They are used to verify the existence of the employer, the information the employer has provided in immigration petitions, and whether sponsored foreign nationals are working in compliance with the terms of their admission to the United States. If your company is contacted by an FDNS officer, you should call your designated Fragomen professional immediately to discuss options, including the possibility of having counsel present during a site visit.


    Though the FDNS unit has conducted employer site visits for several years, it has recently begun to add more staff and broaden its investigative efforts. In the past, site visits usually pertained to already-approved immigration petitions. However, under the expanded program, the agency is more frequently using site visits to verify information in petitions that are pending with USCIS. USCIS could use information obtained during a site visit to decide whether or not to approve a petition. In submitting petitions for immigration benefits, employers subject themselves to reasonable inquiries from the government. Therefore, it is crucial that employers make efforts to cooperate with FDNS officers. A failure to cooperate could jeopardize an employer's pending petitions and its ability to participate in U.S.
    immigration programs.

    Typically, an FDNS officer will make an unannounced appearance at the petitioning employer's worksite, though occasionally an officer may call the company in advance to notify it of an impending visit. During the site visit, the officer may ask to speak to an employer representative, such as a human resources manager, and may also ask to meet with a sponsored foreign worker. Usually, the officer will have a copy of a specific immigration petition and will seek interviews to verify the information in the petition.

    During site visits, FDNS officers typically work from a standard list of questions. Officers commonly ask about the employer's business; the worksite; the number of employees; whether the employer filed the immigration petition in question; whether the foreign national is actually employed by the employer; the foreign national's position, job duties and salary; and the foreign national's qualifications for the position, educational background, previous employment and immigration history, residence and dependents in the United States. The officer may also ask about the employer's overall use of specific immigration programs. In addition to conducting interviews, the FDNS officer may ask to tour the employer's premises or examine the foreign national's work area, and may also request payroll records and other documentation pertaining to the foreign national's employment.

    Fragomen is closely monitoring the FDNS site visit program and will issue additional information as we discern investigation trends. If you have any questions about this alert, please contact the Fragomen professional with whom you usually work.

    Copyright 2009 by Fragomen, Del Rey, Bernsen & Loewy, LLP

    Fragomen Immigration Alerts




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  • gcwait2007
    12-06 06:43 PM
    My brother chose to leave USA on his own, after working for 6 years, without applying GC. He was getting 120K here in USA. In India, he joined Oracle Corp and his salary is almost same (about Rs.55Lacs). Indian salaries are becoming excellent these days.



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  • goel_ar
    11-19 08:28 AM
    Hi ,

    What number I can call at? When I call them- they told me I have to come in person to get status as they can't give it over phone for non-US citizens.


    Thanks,
    AG




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  • Rb_newsletter
    02-22 03:14 PM
    just curious. Are you working for a consulting company?



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  • bbenhill
    08-05 11:30 AM
    I did spend EAD renewal for me and wife. Within 1 week our GC is approved. I think because of this application, they took my file out and approved. So I didn't regret the amount spend for this. I have received EAD denial letter after 3 weeks. So this is our last amount for USCIS. Many people with older priority date still in their shelf. Think about it and be happy.

    I think you will need to pay USCIS when you apply for citizenship :D




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  • polapragada
    10-23 05:56 PM
    This seems pretty amazing. I wonder how it will play out in action.

    "On October 20, the Senate followed the House of Representatives in voting to protect surviving family members when either the petitioner or the principal beneficiary of a petition dies. President Obama is expected to sign this legislation shortly.
    Presently, the law provides that when the petitioner or the principal beneficiary dies, so does the petition. Typically, if the beneficiaries are present in the U.S., their applications for adjustment of status are denied and they are placed in removal proceedings.


    * WHO WILL BENEFIT FROM THE NEW LAW?
    Not only does the new law eliminate the infamous "widow penalty", it does so much more!
    When either the petitioner or the principal beneficiary dies in a wide variety of instances, the law acts to protect the surviving family members:
    There are few options for surviving relatives:
    For example, there is a section of the law which provides that a surviving spouse of a U.S. citizen can self-petition for permanent residence, but only if the marriage occurred at least two years before the petitioner's death.
    There is also a regulation which provides that where the petitioner of a family-based petition dies before the beneficiaries of the petition became permanent residents, the beneficiaries may request that the USCIS reinstate the petition for "humanitarian" reasons.

    1) Parents, spouses and children of a U.S. citizen with pending or approved petitions;
    2) Beneficiaries, principal or derivative, of pending or approved family-based petitions;
    3) Beneficiaries, principals or derivative, of pending or approved employment-based petitions;
    4) Beneficiaries, principal or derivative, of pending or approved asylee/refugee relative petitions;
    5) Nonimmigrants entitled to "T" (trafficking victims) or "U" (crime victims) status.
    Since the waiting times for family-based and employment-based preference can range up to between five and 22 years, often petitioners and principal beneficiaries die before the beneficiaries of the petition can obtain permanent residence.

    ........
    * EXAMPLE #4 - Employment-Based Petition
    Dr. Kumar is a physician born in India. His wife and daughter reside with him in the U.S. He is in H-1B status. His wife and daughter are in H-4 status. Dr. Kumar completed his medical residency in the U.S. on a J-1 visa. Then, for three years, he worked in a medically-underserved area in H-1B status. In 2006, his employer submitted a PERM application on his behalf. It was approved in the Spring of 2007. In July 2007, when all the employment-based numbers became current, Dr. Kumar's employer submitted an EB-2 visa petition on his behalf. Simultaneously, Dr. Kumar, his wife and daughter all applied for adjustment of status. Then his priority date retrogressed. In 2009, Dr. Kumar was killed by a drunk driver. Under present law, the visa petition would be revoked. Under the new law, Dr. Kumar's wife and daughter would be permitted to continue with their applications to adjust status. The visa petition could only be revoked if the USCIS determined that its continued approval would not be "in the public interest".





    * CONCLUSION

    The new law will provide immigration benefits to "survivors" in various types of immigration cases where either the petitioner or the principal beneficiary dies before the other family members are able to become permanent residents.
    However, the law is complex, and the extent of its benefits will not be known until after the USCIS and the State Department promulgate regulations, or issue memos, explaining how they plan to implement the new law."

    http://shusterman.typepad.com/nation...y-members.html


    It is very good law...Thanks for sharing..



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  • rajmalhotra
    02-08 04:32 PM
    Does anyone else know of other instances of this happening?




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  • a1b2c3
    09-23 06:07 PM
    same issue nsc rejected one time second time accepted



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  • pscdk
    08-30 08:06 PM
    Congratulations babu...good luck!




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  • fromnaija
    07-19 11:16 AM
    If you are here on H1 and your dependent is in H4, it's your right to claim all the deductions that you are entitled to. For tax purposes your are a legal resident alien. I have routinely claimed Hope Credits for all my dependents and lifetime learning credits for myself.

    If we submit tax returns with 485 AOS application then do CIS check those to see what exsumptions we have taken etc??? One of my friend by mistake took hope credits coupld yrs ago and is terrified that CIS may catch this if he sends the tax returns so he has been fighting with his attorney about not sending it!! both he and his wife are earning and no dependents. Any thoughts on the situation??

    I told him checking the tax returns is not CIS's function!! That is IRS.......he should relax. By the way, what happens if he approaches IRS saying it was an honest mistake and pays off the exsumption he took.




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  • transpass
    04-23 09:34 AM
    Pardon my ignorance...But I thought you need to sign the labor form before you submit. If you have signed it, how does it fly trying to sue the lawyer? Aren't you responsible for double checking before it is filed?

    Or due to new PERM stuff, you don't get to see the labor form and don't get to sign any paperwork?




    sp99
    08-18 01:45 PM
    Hello Folks,
    I was also in the same dilemma 2 weeks back but now that i have DISH IPTV, i am very happy with the quality of the channels. I ordered Hindi Superpack, i was interested in Elite pack but it has $6 charge which becomes $40 for 4 channnels but add 4.99 and u get 8 channels...i was worried about buffering and quality of the programming but it is awesome..i watch it on my 50inch plasma..it is great..let me know if u have any more questions...




    goel_ar
    11-19 08:28 AM
    Hi ,

    What number I can call at? When I call them- they told me I have to come in person to get status as they can't give it over phone for non-US citizens.


    Thanks,
    AG



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