Friday, June 10, 2011

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  • dreamworld
    08-13 11:17 PM
    When we do dual filing with PERM...

    Can we transfer the PD of (approved : EB3 + I140 ) to PERM ( EB2 )?





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  • mytv
    08-16 02:09 PM
    please do reply .I am waiting.





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  • bestin
    03-24 09:31 AM
    but does your I-140 need to be approved before you can use your EAD?

    NO.U can start using it.But if 140 is denied you cannot renew it.


    More importantly (as in my case), can I use my AP to travel if both my I-140 and I-485 are still pending?

    Thanks..

    Yes you can travel on AP.





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  • chanduv23
    01-13 11:32 AM
    Attorney Prashanthi Reddy is in India now on a vacation and will not be on IV chat till the 3rd week of January. She plans to conduct her chat sessions once she comes back and I or someone else will post details.



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  • H1B-GC
    05-14 04:36 PM
    Back in late 2004 there were no. of EB3 GC's getting approved after a Long wait of 2-3 yrs of filing I-485's.Then All of a sudden towards the EOY the retrogression kicked in for EB3's. Might be coincidence but all the Depts. work in Tandem and they might know all the Inside information..





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  • wandmaker
    10-16 04:39 PM
    Though USCIS mistakenly has given you H1 approval till May 2011, you will be considered beyond the 6 yr limit and could be held accountable for unlawful presence. End of the day, its your responsibility to make sure you are on the safe side. I have seen a similar case sometime ago where USCIS issued an RFE and the beneficiary had to go through a lot of trouble to get things straightened out. If I were you, I would have your company file an extension considering Apr 2010 as H1 expiry by providing evidence of your first entry to the US on H1 and your current H1 approval notice and asking them for 3 yrs extension based on approved I-140.

    second that



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  • GCwaitforever
    06-20 03:02 PM
    I have EB2 i-140 approved with PD Dec. 05. I am planning to change the employer.. was just waiting to see if CIR gonna help.. but looks like its not. If I change job now, I will have to do labor, i140 once again!! might be able to maintain PD. .. my question is... I believe that in Octo. 06, new quota for GC will be available. What are the guesses that the PD will become current (at least for Eb2 India) in Octo 06?? Some educated guesses are highly appreciated.

    The answer to your first question is yes. You can change employers without any impact, by using AC 21 provisions.

    Regarding the second question: EB2 India is going to take a long time to come to 2005 PD. I would say, atleast another three years.





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  • coolfun
    03-31 03:08 AM
    Hi,

    As with many of the people around, my wife got her SSN last year. She has started working as a consultant on 1099 since early Jan 2008. So, there is no issue for the 2007 tax return. However, I have few questions regarding the estimated tax payment this year. Since this is the first time we have come across 1099 based employment, we are very confused about how to pay taxes.

    As her employment is based on 1099, the employer is not deducting any taxes. I got the 1040-ES form from IRS website. These are the specific questions:

    1. Does the Estimated tax voucher need to be sent in joint names? We file joint returns together but I work on W-2 and she works on 1099.

    2. Does 1040-ES form need to be used for all the estimated Federal payments (Federal Tax + SSN Tax + Medicare Tax)? Or there are separate forms for sending the SSN and Medicare taxes?

    3. I live in California so I will need to use 540-ES as well for the CA state tax payment, correct?

    Thanks a lot for your help.

    Regards.



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  • needhelp!
    10-18 05:37 PM
    http://www.uscis.gov/files/nativedocuments/AILAQandASept2007.pdf





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  • pointlesswait
    02-24 09:41 AM
    u can log onto USCIS website and check the status of ur past and pending cases.
    but u need to know the LIN #'s...

    so add ur previous 140 case and check for any updates..simple!

    Case reopened or reconsidered based on USCIS determination, and the case is now pendiDid anyone see this kind of status on their approved H1b application?

    Please share your views.



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  • vivekm1309
    04-07 10:44 AM
    Just sharing my experience, My company lawyer has provided me the photocopy of I140 approval, he didnot resist in anyway.





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  • MetteBB
    05-12 12:50 PM
    Choice of fonts is poor. :hat:

    Tommy I do so love your elaborate comments ;) and your positive attitude :to:



    /mette :rabbit:



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  • MONCYS
    01-16 11:12 PM
    casted my vote in change.gov





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  • insbaby
    08-06 02:36 PM
    I know this is not a good question as there is no time frame for GC process?
    But please share your experience;
    How many years it could take to get GC if it is started with in Aug. 2008 for
    -EB2 category
    -EB3 category

    I am trying to understand the time (years) difference between two process.

    Thanks,
    Sanjeev.

    For EB3:
    ---------
    You get married
    ************* Apply in PERM
    First Kid
    ************* PERM approved, 140 Filed
    Second Kid
    First Kid goes to Pre-K
    ************* 140 approved, waiting for PD
    Second Kid goes to Pre K
    You buy a Home
    Kids going to High School
    ************* PD is CURRENT, appy I485
    Kids going to College
    Kids graduated
    Kids getting married
    You get grandchildren
    You retire from work
    Enjoying after retirement at home with wife
    *************Email from CIS, says "Welcome to the....." and "Card Production Orderd"


    For EB2:
    ---------
    .......
    .......
    Kids getting married
    *************Email from CIS, says "Welcome to the....." and "Card Production Orderd"
    You get grandchildren
    You retire from work
    Enjoying after retirement at home with wife



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  • sgorla
    02-19 12:10 PM
    I dont believe that EB2 labor takes more time to approve than that of EB3. My labor was approved in EB2 category in less than a week.

    Yes it really IS impossible to determine which will move quicker.

    and Also true that EB2 is NOT DETERMINED by EMPLOYEE's skill set.

    EB2 is Determined by the nature of the job and if a master's IS TRULY required. If not your application will face an audit and you will have to re-apply under Eb3 all over again (meaning re-run the ads etc and wait for that extra month). Also Eb2 PERM Approvals on average take MUCH longer than eb3 even without any audit.





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  • dreamgc_real
    09-14 08:21 AM
    Thanks..I am saying or implying that they broke a Law..I am not an expert in law.. I was just intrigued by what is written on the homepage ""It is discriminatory to have laws that subject immigrants from 4 nations to more backlogs and the resulting hardship from such backlogs."

    So from all the replies , it looks like Money is the main issue ( and off course effort & commitment ).

    We are having donation drives here right? Need to get inputs from law experts and if they think we have a chance - why not ?

    Even though it is discriminatory, it is still within the law - and therefore cannot sue our way out of this mess!



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  • ngopikrishnan
    06-18 07:12 PM
    ^^^Bump^^^





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  • frostrated
    10-01 11:57 PM
    it is possible for company B to apply as a future employee. But if you do not join company B after the GC is approved, it constitutes fraud on your part and that of the company.





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  • royus77
    06-25 09:34 PM
    My H4 spouse left the country for vacation on May 25 (before h4 expiry)
    Attorney filed 7th year ext and I 539 on Jun14.
    My 6th year of H1 ended on Jun 17.

    The attorney was not reachable by HR or myself. HR calls me today about problem with H4 and the attorney wants to discuss. What the heck ? Do they file I-539 when some one is not in the country ? She and I always maintained proper status. What can be the problem? I am freaking out to get my h1 ext approval asap and bring her back to file 485. Now my head is exploding. Any clues ? I cant bear this suspense.

    If I 539 was filed with I 129 they mostly get approved togther .DId you apply ext in PP ? If I 539 was not filed ,just bump your H1 to PP and get an appointment in home country for the spouse to get the Visa at the consulate. Just plan every thing will go smooth





    KbK
    04-09 11:50 PM
    Hi friends
    I am sure lot of applicants are hold up in labor certification at Backlog Processing Centers. The implication of this delay are; even if the current bill is passed and all the provisions in the current bill are implemented, still it will be of NO USE to the applicants who are awaiting labor certification.

    The other option is to apply through PERM and try to get certification quickly. But the catch here is, if the PERM application is approved then the original labor application is cancelled and priority date would become 2006. For example, if someone's application is pending since year 2002 and now if that person applies through PERM and if it gets approved within three months then that person would loose the priority date of 2002 and will have a priority date of 2006. If the green card numbers are not current then it would be a big disadvantage.

    On the other hand if someone had applied through PERM in 2004 and his/her labor is approved then, with this new proposed bill, there is a good chance that he/she might get green card immediately because priority dates would have moved up to 2004. The reason I think this is a possibility is because, the quota numbers are going to increase substantially and BPC is very slow in approving labor certification. Hence there is a good chance that priority dates would move up fast.

    If this happens then people who had applied earlier and waited for such a long time, will be at very big disadvantage.

    I propose that we should request for change in law to allow existing applicants to apply through PERM and keep the old priority dates even after the application is approved.

    This will not only help all of us but also help the authorities; as it would reduce the work load on BPC.

    Friends at the end, may I request you to please send your thoughts on this?

    Thanks





    a_yaja
    02-04 05:09 PM
    I guess you should be good with your AP . But also there was a thread about one of the IV'ians AP experience at SFO. Please read that so can understand what AP is for and when it can be used as per the IO at SFO airport

    I don't think that having AP you can bypass your criminal record. The officer at the POE will have to make the determination if you are eligible or not. I recently read (I don't have the link to back it up) that a Vietnameese lady well in her 40s who had a green card (she was not a citizen) had a drug possession (it was not even possession with intent to sell) conviction and that the officer at the POE told her that she was inadmissible and that she had to go back from where she came.

    The only people who are granted entry without any questions irrespective of anything in their background are US citizens. Everyone else can be refused entry at the POE if found inadmissible.

    I am not sure if spouse battery qualifies as a deportable offense. If it does, I would expect that there will be problems at the POE on the way back.

    Consult your attorney and see what he/ she says. If domestic battery is a deportable offense, even a green card may not help you.



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