Sunday, June 26, 2011

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  • gc_chahiye
    11-29 05:21 PM
    I got this RFE email Nov 28th. Yet to receive the letter so do not have the "response time window".

    Assuming they give me 6 weeks (Jan 7th) to respond. I will request my attorney to fax and then courier the Response to USCIS on Jan 3rd(Friday). I am planning to fly back on Jan 5th(Sunday). This way when I am at POE the I-485 status is still pending. It s..ks to do all these manipulations... but this trip is long pending and some urgent issues need to be taken care during this trip.

    sure. Just make sure you dont cut it too close.. I have had numerous run-ins with Mr Murphy (http://en.wikipedia.org/wiki/Murphy's_law).
    Always make allowances for things like your attorney missing his flight back from a new years party in the Bahamas; or waking up too drunk on Jan 2nd to be able to even know the full form of RFE :)

    Also, depends on what the RFE is:
    * if its just EVL, payslips (possible, with your job moves), then its pretty much a formality and you are all set for your GC.
    * If its medicals then you might need to scramble to get it done on time (might as well take an appointment now for around Dec 10th, you can cancel it if the RFE is for something else).
    * If its something like details of your status going back to first entry into US and things like that then you want to be careful and possibly delay your response to ensure you are back here to fight it out in case you run into problems with some mistake on their side.

    If I were you, I would take the medical appointment, then wait for the RFE to decide the next steps...




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  • papajon
    06-18 02:39 PM
    I have gone through the same situation. My lawyer appealed with the original paper advertizement and my perm was cleared about one and half years later. I don't see any issue here as long as your employer has followed all the perm steps. Good Luck.

    Thanks. Makes me feel better. Sound like your case is similar to mine - newspaper advertisement issue.




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  • Gravitation
    09-11 10:05 AM
    If you are on H1B status your employer has to cancel your visa once they lay you off. You need to transfer your H1 before they cancel it, otherwise you will be out of status.

    This is a common misconception. You can extend your H1B even if the previous one has been canceled. The only time you cannot transfer H1B visa (and have to apply for new one) is when you went out of US for over one year. Check out the H1B faq on immigration.com.




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  • newbie2020
    07-07 01:52 PM
    Generally you need not pay the taxes right upfront, However if at the end of the year when you file your taxes, if the IRS determines that you owed lot of taxes and you hadn't make any advance payment it could create lot of issues,

    Also imagine getting a tax bill for $$$$$ at the end of the year and you need to shell out right huge amount instead of making a small installments (Similar to the W2 withholdings )

    Better choice, Make an advance tax payment, it would reduce the tax burden at the end, You may also get a refund.....

    You can make the advance payment by getting an voucher and filling the details...., It need not be in both names, it can be just in your wife's name.

    Again it doesn't matter how much you want to pay up...Pay like 3-4K per quarter and you are good...At the end of the year if you owe any additional amount you will pay it else if you made any extra payments you will get refund

    All of it is just one single payment, Nothing to separate



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  • lelica32
    04-16 12:56 PM
    Is it B1 or B2 visa ?

    Even with a B visa you cannot work without permision from DHS.




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  • belmontboy
    10-06 09:35 PM
    I totally agree with you...recently I moved to CA and it took me close to 2 months before I had 3 offers...I can see it can be frustating, distracting but keep +ve and it will be rewaded.

    Not sure what you mean by 2 months before I had 3 offers??

    if you are talking about jobs, then all you need is one!!



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  • sanan
    06-01 06:00 PM
    I will be filing for my wife hopefully by the 10th!!

    my PD july 2002 EB3




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  • garybanz
    12-01 04:11 PM
    I guess you can still argue that a QA Analyst job is quite similar to a SAP BI Analyst...it's not like you are running a restaurant or selling cars.

    Talk to a good attorney.


    Hi,

    I am on EAD with my GC sponsor, 485 pending - PD Dec2006. I was a Sr.QA Analyst while my Labor was filed. Those job responsibilities were submitted in labor along with generic titles like programmer analyst etc.

    Now that I have planned a technology change, I am moving into SAP BI. As it is getting tough to get contract positions and lot of FTE opportunities. I am wondering what my options are. Having said that I am also anticipating my PD to be current in july/aug/sep 2011.

    I was told by my employer that I could temporarily resign , take a FT with another company and join back within 6 months.
    During this time they would continue with my green process.

    In this situation while I am very close ( 6-9 months) for my PD to be current, what are my best options?

    1. AC21 - get it all done with new company ? Job title from Sr.Qa to SAP BI would it be a problem?

    2. Temporary resignation and rejoining - is it really feasible?

    3. Stay with current company - try for contract positions even if it means that I have to stay long on bench. I have been already out since Aug.

    Please pour in your thoughts.

    Thanks for your help.



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  • number30
    07-24 08:31 AM
    Immigrant petition was filed only for me. However, AoS has been filed for the entire family. So in my opinion the answers to three questions sholuld be 1 - No, 2- No, 3- Yes.- Would that be Correct?

    Since the primary applicant of form I-539 is my wife, i wasn't sure if there should be a mention of my immigrant petition when describing the circumstances on a separate sheet of paper. Should I add receipt number of form I-485 or attach a copy of the form as support documents?

    Thanks!

    Once you file I-485 it is as good as filing an Immigrant petition. So your Answer will be 'Yes' for Everyone who has applied for I-485.




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  • gc_check
    07-07 11:30 AM
    Recent VB fiasco has put many of us in confusion and disappointment, but will not hold us back… Most of us must be now be moving on with what we have to do and try to get the best, we can with what we have and can and try to make things better for us.

    We all have different advice from our attorneys; my attorney did not recommend sending the I-485 papers to USCIS now or did not provide any advice regarding to joining the lawsuit being discussed by AILA. Also my paper work is handled by the Immigration Attorney in my company legal department and not any external law firm.

    Talked to couple of friends and some told, they still sent the AOS papers knowing it will be send back and some are in same situation like mine. . Created this poll just to get some sample data how many had files I-485



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  • rajsand
    10-05 09:13 AM
    Please let me know
    I came to US in 2003 on H4 and then later got H1 in 2005
    since then I have a valid H1 and is expiring in 2008 oct.
    for this Q what do I ans Yes or no?

    I am in the same visa status as I was 12 months ago ,
    but as someone mentioned I have changed from H4 to H1 2 yrs back.
    Can somone help me. Thanks




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  • Chiwere
    10-13 02:24 PM
    With a million GC applications processed a year even if a small percentage fit the profile Merck has managed to corner a substantial market and more than that a ready made test suite for it's vaccine.
    This racket started with states like Texas making Gardasil mandatory for pubescent girls. If this is what takes to be in "Land of the Free" I would rather leave it for the true Americans who would be suing Merck 15-20 years later for damages.



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  • pappu
    07-01 11:25 PM
    You need not worry about maintaining your H1B status in order to file for 485. Your 140 is already approved so when your date arrives to file for 485 you can file for it from Canada. You can come and work again based on your 485. You may go for councellor processing for your GC and get it outside the country. Councellor processing might even be faster than waiting inside US at 485 stage for long times until one finally get actual GC in hand.

    I commend your planning and applying for Canadian PR in time as plan B.




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  • jonty_11
    08-10 12:10 PM
    concentrate on IV Rally instead....guys..
    Who has gained any solace from Calling USCIS....
    the tier 1 2, or 3 or Tier N at USCIS know nothing......



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  • gxtrader
    10-10 03:50 PM
    I got my GC on 09/18/07. Now my consulting company (how sponsored my GC) is having issues with the client and client is thinking to terminate the contract.

    Client want to bring me to there pay roll. In other words they are offering my permanent position.

    My consulting company does not have immediate opening for me.

    It is not even a month that I got my GC. And I am with the same consulting company for about 6.5 years now.

    Please help me. What should I do? If I accept the offer will I get problem at citizenship stage? If I do not accept offer I will loose job and I don't know how much time I have to wait till my consulting company find job for me.

    Reminds me of the story about a mighty elephant who's been tied w/ a thin chain since t'was a baby. It just stopped trying to escape coz it's been conditioned that effort is futile though it can easily snap the chain. Run my friend...you're a CHEETAH now!!! :) Kudos!




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  • gchetna
    09-08 05:44 PM
    I filed for 485 in July without EAD and AP document since my H1B is valid for another 2 years. In a month's time the most unfortunate thing happened. The company that sponsored my H1B/Green Card just got acquired. It is anticipated that as a result several people will get laid off including me. I have yet to recieve the reciept notice for 485. What happens when something like this happens 180 days before? What are my options if I were to get laid off?
    1) Get H1B transfer to another company and hope that old employer won't revoke I-140.
    2) Don't get H1B transfer, don't work at all, apply for EAD and AP and wait for the next 5 months to pass. Again hope that employer doesn't revoke I-140.
    I have very good relations with employer and so far I have never needed to bend any rules, but don't know what the new people will be like.



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  • good idea
    03-13 09:08 PM
    Since few people are not happy with this thread, please delete the thread.




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  • meridiani.planum
    06-08 03:38 AM
    http://www.dps.state.ok.us/

    only two sample licenses shown there. ONe says 'sex offender' other says 'temporary'. :mad: :mad: :mad: :mad: :mad:

    even the title of that section is nasty:
    New Driver Licenses for
    Sex Offenders
    and Noncitizens

    and dont say there is no implied grouping/nastiness there. Of there is'nt, how would they react to:

    New Driver Licenses for
    raving lunatics
    and oklahoma lawmakers




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  • Prashanthi
    10-20 04:54 PM
    Try to file for a change of status from H-1 to H-4, include the hospital records and letter from the employer that your wife is on maternity leave, see what happens. If that does not work then you can think of leaving for a visa, you will not be barred for 10 years as you have not accrued unlawful presence, this is only accrued if your I-94 expires or the USCIS determines that you are out of status. However, going outside the country is risky as you may not get a visa and may get stuck outside the country. I would try to do the COS first.




    MatsP
    August 14th, 2006, 11:33 AM
    Josh,

    I wasn't meaning to be ridiculous, but it came out a bit stronger (when I read it back again) than I intended... Sorry to upset you...

    --
    Mats




    insbaby
    08-18 10:23 PM
    I applied for H1 extension in June'07. I got RFE on I94 first & then one more on my consulting company. Both were responded on time.. Finally, I got a denial notice on my H1 recently stating that my education background is not Computer Science related although i hold a Bachelor Degree in Computer Science. Am very upset after hearing this.

    I have few questions for the experts here.

    1. Is it possible for me now to apply for new H1 thru some other company?
    2. Can i re-appeal the decision and stay here legally?
    3. Are there any good attorneys that can give me good advice for me to take the next step?

    Please let me know.. This is urgent for me right now.

    Thank you all.

    Give your full educational background, that may help people to get some ideas. B.S Computer Science 3 years or 4 years.

    What made USCIS think that your educational background is not Computer Science? any idea.



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