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  • sunny1000
    11-14 01:24 PM
    My wife's EAD has not yet been approved. It has been 92 days since the receive date. We had an infopass appointment today. I did not apply for EAD.

    The officer we met with mentioned that the EAD is issued only after the biometrics are done. I highly doubt this is the norm. Our FP is scheduled for Nov 21st. he said that the service center will electronically send the photo/fp to nebraska. Only then can I expect to see any movement on the EAD application.

    I have heard that your FP/biometrics does not have anything to with EAD. However, this officer gave us information that is totally contrary to what we have seen in recent times. He mentioned that this is the latest procedure. He suggested that we should schedule another infopass appointment only If we do not get the EAD 3-4 weeks after the biometrics.

    Any inputs from people with similar experience?

    Biometrics is not needed for EAD. I received mine with "NO fingerprint available" marked on the card. Please call them back or get another infopass and this time, you might be lucky to talk to somone who knows what they are saying. Or just may be, they changed the rule on the fly a few days ago regarding biometrics and EAD.




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  • ImmigrationAnswerMan
    07-13 11:36 PM
    Sangeetha:

    USCIS does want to see that you worked for your prior H-1B employers, but USCIS is happy to accept recent paystubs to show this.

    It doesn't hurt to submit experience letters, but as explained before, you do not need experience letters for H-1Bs.




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  • admin
    03-15 01:22 PM
    this person is bringing some valid points to ponder. People please go through her posting and i agree with her regarding the numbers is still 10% only for india. we need to fight for removing the per country limit, or else, we may probably be in this retrogression mess for quite sometime.

    eb3retro,

    Your concerns are well placed. Please be rest assured that we're working on reinstating the AC21 clause on per country limits.

    Due to the sensitive nature of lobbying, we're sorry that we will not be able to divulge any more detailed information.




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  • shantak
    03-18 06:45 PM
    If you have left your I-140 company, that I-140 is dead. No wonder you have not heard back. It's not pending, it's cancelled. I-140 is employer based and therefore if USCIS said they were not satisfied with place of work, which reads: not enough income for the company to be able to pay you the salary declared in the I140 app. If you did not reply to their show-cause within the time frame stated, your I-140 application is deemed abandoned.

    How will an I-140 gets cancelled just because he left the company. GC is for future employment, that should have nothing to do with the current employment. Same with Place of work issue, place of issue on H1 has nothing to do with I-140
    As amit has suggested approaching Senators will do wonders (atleast for some)



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  • r2i2009
    09-20 09:30 PM
    Confused ...i think GC stands for Great Confusion
    Came in 2001....PD 2003......EB3

    Will I ever get my GC? What is it anyway?




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  • amit79
    04-10 05:00 PM
    WASHINGTON � U.S. Citizenship and Immigration Services (USCIS) today announced a preliminary number of nearly 163,000 H-1B petitions received during the filing period ending on April 7, 2008. More than 31,200 of those petitions were for the advanced degree category.

    I read this as saying this....
    The 163k number includes the advance degree number. So it is 132K for general and 31k for advance

    Ys, total petitions received are 163,000



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  • meridiani.planum
    04-21 05:09 PM
    Hi,

    I am working in US on L1 and my company would start my green card filling in next few months.

    I also have valid H1B pettion stamped and can switch to H1B which would mean that I can work freely here at US.

    But many of my friends told me that green card processing is faster on L1.

    I am not able to make decision whether I should continue working on L1 or change my status to H1 to get better hike and more opportunity.

    Pls can anyone tell me which would be wise choice. Is green card processing for L1 visa is faster?

    Thanks in advance.

    ~Greeta

    GC in L1 is not faster than H1. Its just that L1-As are typically multinational managers who qualify for EB1, and H1s typically are engineers/worker-bees who qualify for the longer EB2/EB3 Process. So first find out what your category is going to be, EB1 or one of the other two.
    If you qualify for EB1, your GC process will be fast (~6 months), if its EB2 or EB3, hunker down for a long (5?10 years?) wait. This is irrespective of whether you are in L1 Or H1.

    advantages of H1
    - can be extended indefinately past 6 years in 1-3 year increments; once you have a GC going (LC >365 days old or I-140 approved).
    - can change employers in the US.

    advantages of L1
    - if your spouse is on L2, he/she can get an EAD and work.

    so main issues with your current status of L1:
    - If you have not filed your 485 within your L1 time, you need to change status to something else or return to home country. You cant get the extensions that you can get with H1.
    - if you lose your job, if you already had an H1 In the past you can move to that status, otherwise you need to go to home country and then get lucky in next years lottery.
    - there are no salary restrictions, so the employer can potentially legally underpay you. With H1 you must atleast be paid the prevailing wage.

    So unless you have a spouse that is currently on an L2-EAD, I would think moving to H1 makes more sense. (time in L1 counts agianst your time for H1 and vice-versa)




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  • pappu
    02-18 01:06 AM
    Hello Varsha and NJ chapter members,

    Thank you for taking the lead with the Meet the lawmaker initiative. It is very important for our EB community to be active and vibrant on the issues that are important to us. We cannot emphasize enough the importance of meeting the lawmaker in our home states. As you already know, in campaign like ours, it is the most vibrant communities who ultimately succeed.

    The real question is when would there be sufficient number of community members who would feel the need and the motivation to be vibrantly active. It is the fence sitters that we have to convince so that more number of green card applicants, suffering due to retrogression, would feel the urge to actively participate in fixing their own issues. And your act of sharing your experiences with the community about what you were able to accomplish, is a big step in the right direction to motivate others to emulate what you have been able to do. In effect, today, you helped raise the level of consciousness of the community and prompted a sizeable number of members to think and believe that they could meet the lawmakers and make the difference in this debate. I am confident that most members, who listened to your narration tonight, were convinced that they could do it too. That is the message that we have to send out so that the energies emanating from our frustration due to delays with the system, which are often times visible on IV forums, could be channelized into positive direction. We see that there are many reasons why people do not actively participate in Immigration Voice efforts. A large part of these community members could be described in two broad categories:-

    (1.) Green card applicants who are totally unaware of the current situation and thus they are indifferent towards the reasoning and the depth of the problem causing delays in the system. They think that their individual applications will get approved in "few months" so there is nothing they need to do.

    (2.) The victims of the retrogression come from various parts of the world.
    The members who belong to this group are already disheartened with the delay of their application and have waited patiently for their turn in the line for several years. This long period of wait has made this group of people to lose faith and so they do not believe in themselves. They don't actually think that they can make any difference in this debate to facilitate anything that would change the system. Because they do not believe in themselves, these people do not also believe that others like them can do anything to change the system either. So often times they refuse to participate, not knowing that they are refusing to participate in an effort that will ultimately facilitate the change in the system.

    The positive message, like the one from you on the conference call today will help more and more members to believe that they can actively participate in changing the system to change their and their families' lives. And it is this belief in our own self that will ultimately wake-up this community. I am confident that after listening to your narration on today's call, more and more members will sincerely attempt to meet their lawmakers and will educate other members about their efforts. I believe that this community has a massive potential to make the change. The only question is when would the sizable number of IV members feel motivated enough to get up to actively participate in this process to facilitate the coming change? After today's call, I believe that the answer to this question is, very soon.

    Again, Thank you for actively participating in the effort and more importantly, encouraging others to participate actively. Please continue to help and motivate other members in the organization.


    Regards,
    Pappu on behalf of IV team



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  • radhagd
    03-09 03:19 PM
    H1B is not required for filing Perm labour. You can file Labour in EB2 and after labour got approval you can file I140 along with Request to port PD. Once you get I140 approved with early PD on it,file another I485 under Consular Processing, when your dates are current. This will not effect your current EB3 I485.




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  • mrajatish
    06-08 03:18 PM
    I agree - better be safe than sorry. My take - you are just unlucky, USCIS randomly picks folks who have been in the country for a while to see if they have ever been out of status. Likely, they are doing that with you.

    Have you kept your I-20? Can you call your old Univ. to get payroll stubs (I think you can do that)?



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  • fasterthanlight�
    06-06 03:50 PM
    The Guidlines one and the Family Guy monkey are my favorites cause they make me laugh.

    Yes!!!!!




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  • BharatPremi
    07-05 05:00 PM
    http://immigrationvoice.org/forum/showthread.php?t=738&page=9



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  • pgc10
    02-03 12:13 PM
    This is a grey area, in my opinion, some lawyers say that you should file those documents for AC21 and some say don't (just wait for RFE, if any). But I have seen people getting success and failure with either method on several other boards. Maybe it depends on how similar your new job description is to the old one and the IO.




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  • DallasBlue
    09-26 09:14 PM
    Check out the local chapter messages on how to call in.



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  • eb3retro
    03-15 01:38 PM
    eb3retro,

    Your concerns are well placed. Please be rest assured that we're working on reinstating the AC21 clause on per country limits.

    Due to the sensitive nature of lobbying, we're sorry that we will not be able to divulge any more detailed information.


    Thanks for the response admin, I understand your concerns.




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  • pgc10
    02-03 07:18 PM
    The AC21 requires you to have the new employer sign the AC21. What if the employer refuses to sign..??


    Also does anyone have the exact wording they sent to USCIS with the AC21 letter

    There is no standard legal forms to file for AC21. So, I don't think employer needs to sign anything unless you were talking about the offer letter (which would obviously be signed by both employer and employee).



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  • bugmenot
    04-10 05:10 PM
    I don't get what caused the sudden spike in the Master's quota. Earlier it used to be open for at least 15 days... Can it be because of increase in number of international students or people loosing in previous year lotteries going for Masters??? I seriously believe that H1B visa program needs reform - a valid job offer (read project for consultancies) must be necessary for applying AND a joining date within 2 months of starting FY. This is true madness going on.

    this happened because alot of students filed through multiple employers
    (read desi consultants) to better their chances

    i hope they do something about this artificial inflation and fraud bodyshoppers

    the masters quota would never have gone into lottery then




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  • roseball
    04-07 10:36 PM
    A small correction - the notice sent by IRS did not mention that my filing status was changed from "married filing jointly" to "married filing separately" or "filing single". The notice says that

    "We didn't allow your spouse's personal exemption because your spouse's:
    Social Security Number (SSN) or Individual Taxpayer Identification Number (ITIN) was missing or
    Last name doesn't match our records or the records provided by the Social Security Administration.
    Each exemption listed on your tax return must have a valid SSN or ITIN. If your spouse has a valid Social Security Number assigned by the Social Security Administration or an Individual Taxpayer Identification Number assigned by the Internal Revenue Service, please contact us. Please have your spouse's Social Security card available when you contact us. If your spouse has an Individual Taxpayer Identification Number, please have the notice from us assigning the spouse's number available when you contact us.
    If you have questions or need additional information, please have the following on hand when you call:
    A copy of this page.
    A copy of your tax return.
    The notice we sent you.
    If you disagree with this change or the way we processed your return, please contact us.
    ."

    Do I still need to file form 1040X? Please let me know.

    In this case, I would file her W-7, call IRS when the ITIN is available and follow their instructions.




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  • sunny1000
    02-09 03:00 AM
    well i got marriage ceremony , not civil yet...because i didn't know since he have this problem in court. and he says that they would let him out once he's in jail.. the chance of he goes to jail is 50 50... if goes he will get about 18 months. will still can do my papers?

    I am not an expert here but, can you not get a certificate from the church that you are married while you are waiting for the official certifcate? see below:

    http://boards.immigrationportal.com/showthread.php?t=258893&highlight=marriage+certificate+church

    You can also search the above site for answers. But, in the end, please consult a good attorney who is familiar with both immigration and criminal law.




    radhay
    05-15 11:57 AM
    Not an expert but my guess is this window of opportunity will exist till next Fiscal year's bulletin is out i.e around 10th sep 2007. If you haven't already filed 485 you are unlikely to be approved during the window. I would go with aggressive approach i.e file based on pending EB2 and upgrade to PP. If you want to be conservtive because you never know if the porting will be accepted or not, or if it may add more delay just file eb3 485 right away, take the beneifts like ead etc.. and later port if retrogressed.

    Here's a rather strange and may be uncommon situation for someone I know who needs suggestions from gurus here...such huge PD movements do result in strange situations such as these :)

    EB3 India Labor + I-140 certified with PD Feb 2003
    EB2-140 pending at NSC hoping to port the EB3 PD date

    So both cases are now current, which leads to a couple of options for AOS:

    1. File based on approved EB3 (and risk a potential retrogression in future)

    2. File based on pending EB2 140 before it is approved (and risk potential RFE, etc. and who knows if it would be too late to revert to the EB3)

    The other option is to upgrade the EB2 140 to PP, but could you please list the relative merits of the above two options?




    kondur_007
    03-16 01:13 PM
    can someone please give me some advices about this situation?

    I'm in US since Aug 2006 with F1 visa (and F2 my spouse).
    Nothing changed in 2007, and I didn't leave US at all.
    Then in June 2008, my visa status changed to H1B (and H4 for spouse).
    I am also receiving tuition waiver as employment benefits (I got the 1098T form for that).
    Spouse does not have ITIN and never filed any returns in US. By the way, is there a problem I didn't request an ITIN for my spouse by now? should F2 always have an ITIN even if spouse has never had any income of any sort?
    I have always filed 1040NR-EZ (for 2006 and 2007) but didn't claim spouse these 2 years (while on F2)

    My question is whether I have substantial presence in US after 3 years or not, and which form should I file. How about spouse's (with no ITIN) tax forms? Thank you.

    You are "dual status alien" for the purpose of tax filing. I came across same thing when I switched from F1 to H1.
    This is one situation, where you ideally "have to Itemized" (and this is true for India and it depends on Treaty with every country, it is different for lot of coutries).
    My sincere advise, just go to H and R block and get it done (this was the only year when I had my taxes done through H and R block). From the next year you will be "resident alien" and should be able to file using turbotax by yourself.
    Good Luck.



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