bsbawa10
02-18 06:32 AM
I am a july filer too.. but neither me nor my wife ever received FP notices... not even the first time.
My lawyer and myself contacted USCIS several times over the phone and each time they opened a case for review and replied saying they'll contact me if they need anything.
Anyone else in the same situation as mine?
pal
Mysterious are the ways of USCIS :-) There is no place where there is any consistency at all..
My lawyer and myself contacted USCIS several times over the phone and each time they opened a case for review and replied saying they'll contact me if they need anything.
Anyone else in the same situation as mine?
pal
Mysterious are the ways of USCIS :-) There is no place where there is any consistency at all..
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conchshell
08-07 12:03 PM
initially I was mad, becasue I remembered the revised July 2007 visa bulletin that came out declaring a reversal. Since NSC is going slow, I thought that DOS has once again pulled back on the dates. Later on I realized that its a mistake by the thread owner and got pissed off, and finally all I can do is laugh on the entire brohaha. Can't decide if we should give red dots OR green dots to the thread owner
sbdol
07-20 10:18 AM
I got a brilliant idea guys, I am sure it is not new but it looks now is the right time to pursue it.
Apparently it would be very difficult to fight FBI namechek delays. After USCIS was swamped with a pile of cases due to visa retrogression fiasco the processing times most probably will increase significantly. The visa retrogression is going to be reinstated.
Also there is a great injustice to those who had to go through the BEC black hole.
I think everybody agrees that the current green card process is a lottery where winners get everything in a couple of months and losers wait sometimes 10 years. (Yes I know such cases).
So how to fix all this in a way that it would not affect negatively anybody?
The answer might be very simple: Count the time spent waiting in the administration created lines towards citizenship. In other words the 5 year count starts not when one get the green card but from one’s priority date. After all it is not the immigrant's fault that he has the same name as someone who saw a suspicious person on the plane and was questioned by FBI as a witness.
This would PARTIALLY restore justice without punishing anybody.
USCIS will be happy as it would take off some pressure from their delays.
Legislators are happy as more people will be able to vote for them.
Immigration lawyers are happy as the measure would not take away their revenue, in fact it may even increase it.
All those who say in numerous interviews on TV “.. we are a nation of immigrants and we support LEGAL immigration but we do not want amnesty…” are happy or would have to admit that they are happy to save the face.
The current losers in immigration process would automatically catch up (almost) with the luckiest ones.
Immigrationvoice will be happy as I am sure many current waiters and even those who already got their green cards would contribute to support the measure.
Anti immigrants are NOT UNHAPPY since the measure does not increase the number of immigrants.
Employers are NOT UNHAPPY since the measure does not affect them in any way.
If immigrationvoice has desire and resources to suggest and support a measure to the legislature it better concentrate on this rather that on something like “… make FBI report namecheck results to the applicants..”.
Of course it would require changes to the current legislature but I cannot imagine that somebody would come out with a sensible reason against it.
Apparently it would be very difficult to fight FBI namechek delays. After USCIS was swamped with a pile of cases due to visa retrogression fiasco the processing times most probably will increase significantly. The visa retrogression is going to be reinstated.
Also there is a great injustice to those who had to go through the BEC black hole.
I think everybody agrees that the current green card process is a lottery where winners get everything in a couple of months and losers wait sometimes 10 years. (Yes I know such cases).
So how to fix all this in a way that it would not affect negatively anybody?
The answer might be very simple: Count the time spent waiting in the administration created lines towards citizenship. In other words the 5 year count starts not when one get the green card but from one’s priority date. After all it is not the immigrant's fault that he has the same name as someone who saw a suspicious person on the plane and was questioned by FBI as a witness.
This would PARTIALLY restore justice without punishing anybody.
USCIS will be happy as it would take off some pressure from their delays.
Legislators are happy as more people will be able to vote for them.
Immigration lawyers are happy as the measure would not take away their revenue, in fact it may even increase it.
All those who say in numerous interviews on TV “.. we are a nation of immigrants and we support LEGAL immigration but we do not want amnesty…” are happy or would have to admit that they are happy to save the face.
The current losers in immigration process would automatically catch up (almost) with the luckiest ones.
Immigrationvoice will be happy as I am sure many current waiters and even those who already got their green cards would contribute to support the measure.
Anti immigrants are NOT UNHAPPY since the measure does not increase the number of immigrants.
Employers are NOT UNHAPPY since the measure does not affect them in any way.
If immigrationvoice has desire and resources to suggest and support a measure to the legislature it better concentrate on this rather that on something like “… make FBI report namecheck results to the applicants..”.
Of course it would require changes to the current legislature but I cannot imagine that somebody would come out with a sensible reason against it.
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mallikonnet
07-19 11:01 PM
As per the last revised visa bulletin, the extension period for filling I-485 is Aug 17. But it talks about only I485 and not about I-140.
So can anyone confirm, if one can file I-140 and I-485 concurrently from Aug 1 to Aug 17.
why not. i dont see why they would not accept cuncurrent filing of I-140/I-485
So can anyone confirm, if one can file I-140 and I-485 concurrently from Aug 1 to Aug 17.
why not. i dont see why they would not accept cuncurrent filing of I-140/I-485
more...
cinqsit
01-23 12:47 AM
Thanks for your response. I'm leaning more towards Canada as I can avoid travel with my baby to India.
Do you think they might reject the case for any reasons?
How long do I have to stay in Canada if in case it's approved?
Thanks
Sudha
if its approved I think you get it back the same day (that was back in 2007)
if you get stuck in administrative processing it can take few weeks to months - check forums/threads on that topic
cinqsit
Do you think they might reject the case for any reasons?
How long do I have to stay in Canada if in case it's approved?
Thanks
Sudha
if its approved I think you get it back the same day (that was back in 2007)
if you get stuck in administrative processing it can take few weeks to months - check forums/threads on that topic
cinqsit
chanduv23
10-19 01:12 PM
I am from Long Island. I am a name check victim. What can we do? Where and when can we gather?
I have been looking for some help in mobilization in your area - lets discuss this offline.
Send me your contact details and time to contact as a private message and we can discuss further steps.
I have been looking for some help in mobilization in your area - lets discuss this offline.
Send me your contact details and time to contact as a private message and we can discuss further steps.
more...
sri1309
11-02 01:48 PM
All,
Please CONGRATULATE to the new President on Tuesday by all channels and DEFINITELY ASK the question " Now that you are the president, do you want to further punish us for being legal and sticking to the rules and hence make us wait forever in these long painful EB2/EB3-I long queues, . Mention about 5882, small admin fix.
or
does he want to give us some immediate relief. Dont forget to mention we can buy houses, not new job applicants, legal etc and HIgh-skilled.
Thanks,
Please CONGRATULATE to the new President on Tuesday by all channels and DEFINITELY ASK the question " Now that you are the president, do you want to further punish us for being legal and sticking to the rules and hence make us wait forever in these long painful EB2/EB3-I long queues, . Mention about 5882, small admin fix.
or
does he want to give us some immediate relief. Dont forget to mention we can buy houses, not new job applicants, legal etc and HIgh-skilled.
Thanks,
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krishna.ahd
02-06 06:30 PM
Hi Anand,
I am in the same boat as your spouse. I am on H4. Just today I got a very harsh reply from an attorney saying that I cannot volunteer in any way that is related to my field ( I am an IT pro) even in a non-profit organization. I am little bit upset after this episode because I wanted to volunteer for a non-profit Org.
In the land of opportunities I don't have opportunity even to volunteer in a non-profit organization to keep in touch with my subject. First time I realized that I am living in a prison.
Don't take my word. Consult an attorney because H4 holder volunteering in one's own field is illegal it seems. Wish you all the best.
Amul
I dont think it is true.
You can volunteer to any field but not 40 hours / week , there are limitations i beleive 4 to 8 hours/week and not for cash reimbursement. Usually Org gives you free lunch voucher or something, thats it.
Anand: you want to work voluntarily and expect to get paid in cash , that is not legal.
I am in the same boat as your spouse. I am on H4. Just today I got a very harsh reply from an attorney saying that I cannot volunteer in any way that is related to my field ( I am an IT pro) even in a non-profit organization. I am little bit upset after this episode because I wanted to volunteer for a non-profit Org.
In the land of opportunities I don't have opportunity even to volunteer in a non-profit organization to keep in touch with my subject. First time I realized that I am living in a prison.
Don't take my word. Consult an attorney because H4 holder volunteering in one's own field is illegal it seems. Wish you all the best.
Amul
I dont think it is true.
You can volunteer to any field but not 40 hours / week , there are limitations i beleive 4 to 8 hours/week and not for cash reimbursement. Usually Org gives you free lunch voucher or something, thats it.
Anand: you want to work voluntarily and expect to get paid in cash , that is not legal.
more...
Nikith77
01-20 02:50 PM
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vegasbaby
06-04 03:09 PM
I am hearing a lot of cases of RFE. I experienced the same when my best friends case recvd an RFE. They asked all sorts of questions. After filing a reply, there was no update for over a month.
Eventually, her lawyer re-filed the case with same center, with same set of documents (every single document was the same) under premium processing.
The same center approved her H-1B in 3 days flat. No questions asked. I guess they are looking for a legal bribe of premium processing fees :D
Eventually, her lawyer re-filed the case with same center, with same set of documents (every single document was the same) under premium processing.
The same center approved her H-1B in 3 days flat. No questions asked. I guess they are looking for a legal bribe of premium processing fees :D
more...
lost
02-07 08:56 AM
this is sad. it will give a bad name to india.
btw, what religious persecution are they talking about?
btw, what religious persecution are they talking about?
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atlgc
06-01 09:03 AM
Hello
MY new 140 approved with PERM. Yet to see the approval but I hope they classified me in Eb2 and placed my old PD.please see my signature for the details
I have the following questions
1. What are the different things one can do to speed up the interfile process
2. Do we need to go through medicals again, last done in 2007?
3. Do we need to go through FBI clearance, last done in late 2007?
Asking Question #2 and #3 because it costs money and I have to spend from own pocket, employer not covering from 140 onwards
Any experience, thoughts, inputs are appreciated
Thank you
MY new 140 approved with PERM. Yet to see the approval but I hope they classified me in Eb2 and placed my old PD.please see my signature for the details
I have the following questions
1. What are the different things one can do to speed up the interfile process
2. Do we need to go through medicals again, last done in 2007?
3. Do we need to go through FBI clearance, last done in late 2007?
Asking Question #2 and #3 because it costs money and I have to spend from own pocket, employer not covering from 140 onwards
Any experience, thoughts, inputs are appreciated
Thank you
more...
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tabletpc
08-23 02:53 PM
Based on the information you know about immigration and discsion u have been having with frinds ,attorneys, websites..etc. What do you think about the probability of I-140 premium starting date...!!!
I guess 485 getting current does not help much without getting i-140 approved.
I guess 485 getting current does not help much without getting i-140 approved.
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martinvisalaw
02-23 06:04 PM
YHowever, you will need to join company B at some point in time. This is what my company B told me. I believe it is once you file your 485 but I am not sure.
You need to intend to work for the sponsoring employer once permanent residence is approved.
You need to intend to work for the sponsoring employer once permanent residence is approved.
more...
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bidhanc
09-22 03:40 PM
Hahha...that was funny.
You think God has the guts and come do battle with USCIS??? :)
Another bizzare behaviour with Renewal of Efile EAD....
My 2 cents is just send them what they need....they have specifically asked us not to send photos when e-filling and now they raise an RFE coz u did not send photos...
God come down to earth and save us from this atrocity....
You think God has the guts and come do battle with USCIS??? :)
Another bizzare behaviour with Renewal of Efile EAD....
My 2 cents is just send them what they need....they have specifically asked us not to send photos when e-filling and now they raise an RFE coz u did not send photos...
God come down to earth and save us from this atrocity....
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Aura M.
02-21 03:59 PM
no accountability..just pay the fees, shutup and wait..
sorry dude but that's the reality
Oh my God you are so polite... What an answer
sorry dude but that's the reality
Oh my God you are so polite... What an answer
more...
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sathweb
02-13 09:10 AM
Our priority date is not yet current but that seem like a good idea. How do I go about finding who to contact.
The tool you are looking for is Google. Just search for your local Senator and give him a call, they will tell you what they need. As you said, Senator is very effective if your date is current.
The tool you are looking for is Google. Just search for your local Senator and give him a call, they will tell you what they need. As you said, Senator is very effective if your date is current.
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starscream
04-21 06:28 PM
Sid,
I am sorry to hear about this.
- What was the RFE about?
- Are you employed by a consultant or employed full-time at a company's location?
- Did your employer have any profit isseus / layoffs reecently?
- Is your employer TARP funded?
- Do you have your EAD?
I think you might be able to appeal and file from a new sponsor at the same time because I have heard that a individual can have more than 2 H1Bs at a time. But please confirm with a lawyer. Wish you all the best.
Hi Everybody
My H1 extension was denied after an RFE. They have given the reason that documents submitted by my company do not confirm that my occupation is a specialty occupation and that they had enough work for me for the next 3 years. They have given me 30 days to file an appeal
My company said there are 2 options
1) file an appeal. they are pretty confident that the appeal will be in my favor
2) have another company file a new h1.
what do you guys suggest? Can i do both simultaneously?
Help will be greatly appreciated. I have never had visa issues till now.
thanks in advance
I am sorry to hear about this.
- What was the RFE about?
- Are you employed by a consultant or employed full-time at a company's location?
- Did your employer have any profit isseus / layoffs reecently?
- Is your employer TARP funded?
- Do you have your EAD?
I think you might be able to appeal and file from a new sponsor at the same time because I have heard that a individual can have more than 2 H1Bs at a time. But please confirm with a lawyer. Wish you all the best.
Hi Everybody
My H1 extension was denied after an RFE. They have given the reason that documents submitted by my company do not confirm that my occupation is a specialty occupation and that they had enough work for me for the next 3 years. They have given me 30 days to file an appeal
My company said there are 2 options
1) file an appeal. they are pretty confident that the appeal will be in my favor
2) have another company file a new h1.
what do you guys suggest? Can i do both simultaneously?
Help will be greatly appreciated. I have never had visa issues till now.
thanks in advance
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sundeep14
03-04 11:55 AM
Ok..is there a way to check if your name check has been cleared...i tried callin USCIS and the customer rep doesnt seem to have a clue..
2003doc
08-18 07:56 AM
immigration authorities have received about 300,000 applications for high-skilled-employment visas since July 1, federal officials said yesterday.
Citizenship and Immigration Services, the federal agency, was still receiving applications for employment visas yesterday, the last day of a special period it announced on July 17 for immigrants with professional skills to file petitions for permanent residence visas, known as green cards. As a result, the total tally of applications received in the last six weeks was not available
http://www.nytimes.com/2007/08/18/us/18visa.html?_r=1&ref=todayspaper&oref=slogin
Citizenship and Immigration Services, the federal agency, was still receiving applications for employment visas yesterday, the last day of a special period it announced on July 17 for immigrants with professional skills to file petitions for permanent residence visas, known as green cards. As a result, the total tally of applications received in the last six weeks was not available
http://www.nytimes.com/2007/08/18/us/18visa.html?_r=1&ref=todayspaper&oref=slogin
kondur_007
09-15 11:17 AM
Hello,
My wife got her H1B approved last year and her start date was 10/01/07. She started working towards the end of Nov. She did not get any paychecks for 2007 before Dec 31st and started getting paid only in 2008. So she did not receive a W2 for 2007. I am about to file my tax for 2007 (had filed an extension) and would like to know the following.
1: I assume this should not impact me from filing a joint return. Am I right ?
2: Would I qualify for the stimulus check for $1200 since both of us were employed in 2007 ? Since she did not get a W2, I was not sure if I would get only $600.
3: Both of us have filed for I-485 and our applications are pending approval. Would there be any problem with her I-485 in the future (like any query) since in 2007, her status was converted to H1B (from H4) and she did not get a W2 ? I am being told USCIS does a complete background check on the applicant with respect to each status he/she has had.
Thanks in advance.
First of all, do not confuse tax filing and immigration! These two are totally different ball games.
As far as tax filing goes, here is what i can tell (to the best of my knowledge):
1. Yes, you can file joint return. But for the purpose of the tax return, your wife will be considered "not working"; as she did not get W2 for 2007. (unless you have any other forms to show the income; e.g. 1099MISC etc).
2. Stimulus payment: I am not sure exactly how much you will get; just check with the tax-preparer (or the software, most softwares will tell you). But even for this purpose, your wife will be considered "not working" as she does not have any income to show.
3. Now your third question is related to immigration. Here is what I have to say:
Your wife was "out of status" during the time period that she was on H1 status but not being paid. While you are on H1 status, you are supposed to work for the sponsoring employer and employer is supposed to pay you the salary mentioned on the LCA. If both these conditions are not met, you are "out of status" (but still legally present in US).
Under section 245(K) USCIS will "forgive" upto 180 days of being "out of status"; so those days during which your wife did not get paid will count towards those days. Make sure that she did get paid full salary as mentioned on LCA from January 1 onwards; otherwise she will accure those days towards 180 days limit.
What can be done for this? three ways to straigten this up:
1. go outside US and return back with a new H1 visa stamp (those 180 days count from the day of latest legal entry); this wipes off all the days accured towards 245(k); risk is: what if the visa stamp is denied- because she was out of status.
2. File a complaint against the employer; it is employer's responsibility to pay her. This will sort of work towards your advantage if something comes up in future. (showing that you did all you could to not have this happen).
3. if total days that she was not paid or paid less than LCA is 180 days or less; you may decide to do "nothing" as you will be protected by 245 (k) and make sure not to accure any more days.
Good Luck.
My wife got her H1B approved last year and her start date was 10/01/07. She started working towards the end of Nov. She did not get any paychecks for 2007 before Dec 31st and started getting paid only in 2008. So she did not receive a W2 for 2007. I am about to file my tax for 2007 (had filed an extension) and would like to know the following.
1: I assume this should not impact me from filing a joint return. Am I right ?
2: Would I qualify for the stimulus check for $1200 since both of us were employed in 2007 ? Since she did not get a W2, I was not sure if I would get only $600.
3: Both of us have filed for I-485 and our applications are pending approval. Would there be any problem with her I-485 in the future (like any query) since in 2007, her status was converted to H1B (from H4) and she did not get a W2 ? I am being told USCIS does a complete background check on the applicant with respect to each status he/she has had.
Thanks in advance.
First of all, do not confuse tax filing and immigration! These two are totally different ball games.
As far as tax filing goes, here is what i can tell (to the best of my knowledge):
1. Yes, you can file joint return. But for the purpose of the tax return, your wife will be considered "not working"; as she did not get W2 for 2007. (unless you have any other forms to show the income; e.g. 1099MISC etc).
2. Stimulus payment: I am not sure exactly how much you will get; just check with the tax-preparer (or the software, most softwares will tell you). But even for this purpose, your wife will be considered "not working" as she does not have any income to show.
3. Now your third question is related to immigration. Here is what I have to say:
Your wife was "out of status" during the time period that she was on H1 status but not being paid. While you are on H1 status, you are supposed to work for the sponsoring employer and employer is supposed to pay you the salary mentioned on the LCA. If both these conditions are not met, you are "out of status" (but still legally present in US).
Under section 245(K) USCIS will "forgive" upto 180 days of being "out of status"; so those days during which your wife did not get paid will count towards those days. Make sure that she did get paid full salary as mentioned on LCA from January 1 onwards; otherwise she will accure those days towards 180 days limit.
What can be done for this? three ways to straigten this up:
1. go outside US and return back with a new H1 visa stamp (those 180 days count from the day of latest legal entry); this wipes off all the days accured towards 245(k); risk is: what if the visa stamp is denied- because she was out of status.
2. File a complaint against the employer; it is employer's responsibility to pay her. This will sort of work towards your advantage if something comes up in future. (showing that you did all you could to not have this happen).
3. if total days that she was not paid or paid less than LCA is 180 days or less; you may decide to do "nothing" as you will be protected by 245 (k) and make sure not to accure any more days.
Good Luck.
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