Monday, June 13, 2011

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  • gondalguru
    07-19 10:39 AM
    Thansk for your reply. In the Residency application(ERAS), there are two categories:

    1) Visa - J1, H1, EAD etc
    2) No Visa requirement - Green Card/US Citizen.

    If we check EAD, they will think that we need a visa which we don't
    If we check Green Card, technically we do not have our green cards yet

    What is the best thing to do?

    Check green card. and clarify later with hospital that no visa needed as u have valid EAD.

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  • sapota
    10-18 05:49 PM
    DOS & USCIS will have all data entered into their systems once they receipt all these 320k cases. Using past USCIS processing speed as another input, DOS should be able to issue accurate EB cut-off dates in all categories.

    One can only really hope that they do this more accurately atleast by next bulletin & move forward cut-off dates.

    In absence of any legislative changes so far, the EB community should really push for processing efficiencies more. (So far looks like atleast no visa numbers were wasted in FY 2007)

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  • gc_peshwa
    03-10 05:05 PM
    Does it differ from state to state? IDK..BTW I am in CA if that matters to SBI :)

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  • snathan
    03-28 12:21 PM
    In 2005 I was working at california and my employer was at NJ. I did my tax filing with a all state agent abd he filed taxes for just NJ and federal.
    Yesterday I got a notice from California that I have filed taxes using california address and didnot files state taxes for CA.
    and I need to proof that I filed the taxes that year or file the taxes.

    I went to HR block and prepared taxes for 2005 and mailed to them.

    Same thing was there when I filed for 2006 taxes, my consultant didnt filed the taxes for CA.
    So I prepared taxes for 2006 also and mailed to them. Both I mailed as a physical mail.

    Did any one had similar experiance or any issues?

    If you worked in CA you need to file the same state. You dont have to file the tax for the state where your employer resides.


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  • Dhundhun
    05-21 05:47 PM
    I think, too many documents not required. The US Embassy in Delhi asks for:

    If you have a sponsor for your trip
    -- An Affidavit of Support, I-134 Form from your sponsor (a close relative), and also their bank statements and employment letter
    -- A copy of the passport of your sponsor in the U.S. Preferably, a copy of the relative's Indian passport, if possible
    -- Documents to show the sponsor's legal status in the U.S.

    Refer to

    Just like EAD filing, one can send as many documents as required, but I sent only things asked in e-filing (refer to

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  • SNLive999
    06-16 06:05 PM
    When I met IO at the Boston District USCIS, She typed in my 485 receipt # or A # on her system and looked at my file and said they already have my finger prints and she said why did you get FP notices again. She again looked at my file for few seconds and then she has written code 2 on our second(new) set of FP notices and asked us to give code 2 prints on scheduled date. ( Actually uscis requested code 3 on our new FP notices )

    She also said If Boston USCIS Application Support Center(ASC) takes our code 2 FP's then it is fine, otherwise if they say they already have our code 3 prints and refuse to take them again, the IO asked me to take a infopass and contact them again, so that boston distric office can make a phone call to ASC and sort out the issue.

    I did not apply for online EAD why do they need our code 2 finger prints. ??


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  • phigi
    08-18 11:36 PM
    Also, at this point there are some questions lingering around your 'consulting' agency. I'm pretty sure a 4 yr. degree from an accredited college/university is considered equivalent to BS here. I really have suspicions on the real cause that's being presented to you.
    You may want to check if your agency is employing others and if so, get in touch with one of them and gather facts.
    I am no expert on saving your status, hence I am not commenting.

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  • rbharol
    08-23 04:50 PM
    Oh yeah, we are seasoned with US immigration oil to look anything thrown to us in a positive manner.

    be positive, be optimistic and things will happen on its due course. By that time you will be eligible to become sanyasi as you would have mastered the skills of patience and looking at +ve on -ves.

    hmm no shootings now... I am venting my frustrations. You too can do.

    Look at the positive in your post too. People goto Himalayas to become Sanyasi.
    We are learning the virtue of patience here itself... ;) :D :cool:


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  • nvmurali
    06-02 04:20 PM
    You will have to restart your GC process, but once you have the new PERM and I-140 approved, you can recapture your old PD (which is Feb '08), but you can't use provisions from the AC21 unless your AOS was pending for at least 180 days when you make the change.

    This is not legal advise - a lawyer consultation is highly recommended.

    I'm sorry -- I didn't follow. Can I use the H1-B which has been extended for 3 yrs since my 140 was approved already for a yr and the visa numbers weren't current? (I've already used up by 6 yrs)


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  • ChainReaction
    06-18 12:41 PM
    yes you can. As per AC 21 once you have counted towards h1b number in last 6 year you are not counted again. So assuming your original h1 wasn't though non profit orgainzation, you can apply for new h1. If you have your I 140 approved you get 3 years h1. PM me if you need more info. I have done it.

    and btw, h1b premium processing takes 15 days, so don't panic.

    I asked my lawyer somewhat similar question regarding my wife. The question i asked was what if i stay on H1b and she uses her EAD and for some reason my 485 get rejected can she move back to H4 status?

    The lawyer said as long as the I-94 is valid on her H4 she can else she will have to leave the country and apply at her home country . He did also mentioned something regarding time is counted as being out of status from the day a person uses EAD, don't remember whether the clock starts ticking passed the I-94 validity period or otherwise.


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  • Jubba
    10-16 10:54 AM
    Kit that was beautiful. Tife rocks.

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  • senthil1
    02-10 02:15 PM
    Another issue is no Banks or Companies issued any statement. Simply they will be accepting the conditions to get the money. Nothing is going to acheived when a few people go for ralley as it will turn out to be get together.When any of the provision comes for Tech companies Compete America and Microsoft would have opposed it.

    You are missing the point. Let me start by saying that I AM ON EAD. I do not work for the financial sector. I am NOT affected by the H-1B ban.

    The problem is not H-1B ban in itself, but the growing rhetoric that puts legal EB community right along the side with border jumpers. I see the same sense of resentment towards EB immigrants that people have towards illegal immigrants. This is deeply troubling.

    There is not a single lawmaker who is questioning the antics used by the anti-EB advocates. The Senate passed the Grassley amendment with voice vote, without any debate or comments. Nobody even asked for a count. In a sense, silence is acceptance (by everybody) of the allegations made by anti-EB advocates. This shows the direction in which the EB reform is headed (or not headed). If the current trend continues, CIR will come and go without any measures for EB immigration. All of us will be left hanging with our EADs forever.

    The H-1B ban is just the tip of the iceberg. When you say its not affecting people with EAD, I feel like you are watching the ocean recede signaling the oncoming tsunami and you are saying that oh, the water is going away, I am sitting on the beach, no problems here.

    The Congress will pass the provisions that they think is in the best interest of the country. We can't and won't fight that. If abolishing H-1B or EB entirely is part of that, so be it. But let it not be under false pretenses that people like you and me are cheap and somehow stealing jobs. Lets do our part to ensure that they make an informed decision. Calling us cheap laborers is a slap on our face. The least we can do is stand up for ourselves.

    Time is short. We can't expect people to travel from far. We don't need thousands of people. Even 10 people can make such a protest meaningful if we do it effectively and time it right. I welcome any and all suggestions from others - including criticism, which will only make our efforts more effective.


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  • GCard_Dream
    07-13 01:22 PM
    With new threads being created every minute, it's hard to keep track of relevant threads in "Recent Forum Posts" section of the homepage. I am not saying that some threads are irrelevant but there are bunch of threads talking about the same issue or news. Lot of members create new threads without realizing that the topic has been discussed already in some other thread. Some threads are personal in nature (nothing wrong with that) but not all members will benefit from that and so on....

    In light of that, I was wondering if there is a way for core team to identify the top 5 or so useful threads and always keep it on the top of the "Recent Forum Posts". All other threads can be displayed further down. This will just allow those top 5 threads (like for media drive, IV action items, breaking news, etc) to be visible on the homepage all the time and members will have easy access to those threads.

    I am not a webpage designer to I don't know how difficult that would be to implement but just a suggestion.

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  • Steven-T
    February 23rd, 2004, 07:33 AM
    So close, So close
    Scott, here's goes the B&H 10 rated used 10D and 1Ds again. Why B&H have to sell this at such a premium of $6,030 above that of Adorama's $5,200? Are they supposed to be married couples, or, at least civil union?



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  • aat0995
    01-15 10:03 AM
    I was wondering if you guys know any link on Dept on labor (or that says that employer is responsible for all the legal(lawyer) fees. I work for a government firm and they only pay H1b fees that they are supposed to pay to USCIS. At the same time, they force me to hire a lawyer (I cannot file it myself) and they want me to pay for the lawyer.

    I was wondering if you know of any law that I can show them and ask them to pay for the same.

    Thanks in advance :)

    -Supported the million dollar drive

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  • baburob2
    07-02 10:34 AM
    based on my knowledge you could file I-824 (correction to make adjustment of status to CP or viceversa) or you could file for new I-140 opting for Consular processing. You don't have to work till the end of the GC process in US. If the employer is willing to sponsor you GC and upon approval offer you the job described in GC petition(ie at US) then you should be fine. Hence if you employer is ok with that you could move to Canada without any issues and your GC im US will still be ok. AOS(Adjustment of Status) is only possible if you are staying within US and hence if you move to Canada you can't do AOS.


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  • sundarpn
    07-17 07:32 PM
    In the same boat...

    if the principal files 485 now and then gets married say 2-3 months later when the dates are NOT current, can a dependent 485 be filed for the spouse so that she can get EAD?

    I was told that even in the case of a dependent 485 filing, the dates have to be current for the application to be accepted :(

    On related lines, if the principal application gets EAD and after 6 months moves to a new job based on EAD, and then he gets married, can he bring his spouse on H4? I think the answer is NO.

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  • Michael chertoff
    04-15 10:28 AM
    I got my approval y'day from TSC. This marks the end of GC journey. Been with same employer since Aug 1999 ( 9 Long years...........).

    Congratulations .....everyone of us will see this day one day....

    wow I can imagine how happy you are..enjoy and pray for rest of us.

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  • sreenivas11
    07-10 10:31 AM
    My application reached on 2nd July at 9:15 AM

    06-22 02:44 PM
    Make sure your LCA and H1B will be amended with the promotion first....

    I have been working with my current employer for the last 5 years in job title
    A (Software Engineer), which wasn't qualified for EB2. But now I will be been promoted to a significantly different job title and responsibilities B (Research Scientist), with the same employer and The requirements for that position are a Masters degree with
    one year of experience. Does this qualify for a EB2 ? Does EB2 require managerial
    experience i.e. should you be managing people or is that not a requirement? The employer will later file for a PERM labor in EB2.

    For the purpose of EB2 labor for the new position, I need to show 1 year of
    work experience.

    Question: Would I be able to use/show the work experience I
    gained when I was working in job title A with the same employer? i.e. Will I
    be able to use on-the-job work experience that I gained before I was promoted
    to the new position? Remember, the current job title B (for which EB2 labor is
    being filed) and requirements are significantly different from the previous job
    title A and requirements (which only qualified for a EB3). Have anyone got their
    labor approved in EB2 with work experience from the same employer? Are there any
    USCIS published documents that coult clarify this?

    I have my I-140 approved in EB3 and I have also filed for 485. Assuming the EB2
    labor certification gets approved, could I re-capture my EB3 Priority Date? If so,
    what is the exact procedure for doing that?

    Is the attempt to process my labor in EB2 completely independent of my
    existing EB3 labor and I-140? Will a denial of EB2 labor affect my existing
    EB3 approved labor and I-140?

    Thanks much for your time in helping clarify this.

    05-22 09:55 AM
    I saw your profile. You are from Nepal.

    As far as Soft LUD is concerned, there should be one or two after finger printing. (Refer to for EAD cases).

    Your priority date is current.
    I hope that they must have sent for Name Check long ago - this should not be blocking.
    What about processing date (Aug 24, 2007 is receipt date)? There was memo from USCIS that it may take over 18 months for processing date to come around Aug 2007. Your I485 i.e. GC can be blocked by processing date.

    For example today Nebraska is processing EB based I-485 Application of July 14, 2007. I heard that in a month there was just a change of three days. For Texas, keep on looking at

    thanks but my RD is july 2nd 2007 taxes service center

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