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  • eb2_immigrant
    06-15 04:17 PM
    USCIS Proc Times Update 06/15/09
    NSC I-485 Sept 1st 2007
    TSC I-485 Aug 17th 2007

    So the dates are moving ahead but what does this really imply ? With priority dates retrogessed to around 2000 and no visa numbers availble for EB3. Who is getting the GC. Is it only the Eb2 with PD around 2000 or any one else.

    Does anyone has more info to better understand what these dates imply ?




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  • crystal
    07-04 10:09 PM
    Are sure about whether you can go for stammping to canada when you are going for first time stamping? I think you need to go to india where they can check your education credentials. If you have done masters/bachelors in u.s then only you can go to canada i guess . I am not very sure about it though. I read it somewhere.

    When i changed from F-1 to H-1B, my employer filed my I-129 as if i had a Masters, then i changed employers , my second employer filed my I-129 under my Bachelors only. There was also a gap of my H-1 Activation and F-1.

    For the semester starting august i did not pay the fee, since my H-1 was approved an H-1 was Active from October.

    i think my approval will depend on my Visa officer nad i will try my luck in dec and i am planning to go to canada for my stamping and in any case i get it or not get it i will fly to india from canada.

    i will also talk to a lawyer before leaving to stamping regarding what will happen if cant come back to US in 4 months, regaring what happens to my credit and loans if my stamping gets rejected.




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  • sundarpn
    06-04 09:40 AM
    noob question...

    hasn't the bill passed in the senate already?

    Is there a deadline for it being cleaned up and passed or scrapped in the house?




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  • sodh
    07-24 12:57 AM
    Hi,
    My situation is as follows:
    1) approved RIR labor 2002
    2) approved perm labor 2005
    3) approved i-140 2006 (PD 2005)
    4) ALL of above for company-A. 2006 company-B took over.

    My lawyer said i cannot file and have to start again with new labor as merger/acquistion was 'asset only' type.

    I want to self-file i-485 giving the company "name change" letter as the only proof along with the rest of regular documents. Company-B employer is in 100% support of my application.

    SHOULD I just waste $$$$ money or take a chance ? PLEASE HELP...TIRED OF WAITING FOR LAST 5 years :(

    Regards,
    -Ravi
    Your Lawyer is right if the merger is only asset type and not transfer of shares between your old company and new company your application will be rejected.



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  • cat555
    07-09 12:20 PM
    I was in a consulting field with employer taking 30% and me getting 70%.

    He supposed to deduct $400 for medical insurance from my paycheck -biweekly, instead deduction was only $200. I never knew that.

    My question is why not he acted immediately after knowing the error?
    Why should I pay for somebody's mistake?
    Am I going to get any tax benefit now?
    Why not he deducted single penny in last 2 months before I left?
    I didn't sign any paper to pay him back over a period neither did he come up with any plan.

    All this proves that he agreed to waive off while I was working for him.




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  • desi3933
    06-10 04:53 PM
    Hello Attorney,
    .......
    .......
    What quota do dependents of Employment based AOS(I-485) LEGALLY fall into - is it the EB quota or FB quota?

    If incorrectly classified? Is there any legal option this mis-classification be corrected?

    Thanks a lot in advance for your time.


    It is 30 days since the posting of this question, and not a single reply from any attorney.

    Let me repeat my understanding on this question -

    ----------------------------------------------------------------------
    INA 203(d) Treatment of family members

    A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 1101(b)(1) of this title shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section, be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.

    This means that if the primary beneficiary is using visa number from EB(2) classification then dependent(s) will also be using the same classification as primary beneficiary (i.e. EB(2) in this example).
    --------------------------------------------------------------

    Have a good day!


    ______________________
    Not a legal advice
    US citizen of Indian origin



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  • yestogc
    07-02 09:52 PM
    Once you use EAD, you cannot go back to H1B.
    Also I did not understand what you meant by :

    "But need to bring my spouse in few months on H4"




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  • deecha
    06-17 12:49 PM
    It is not illegal to sell applications. It is illegal to work without authorization. Please note the semantics and the technicality.

    If you create an app for the iPhone, you should be able to put it on the apple store and derive income from it, as long as you have not worked for someone (or yourself) deriving compensation financially, without authorization.

    In short ... go ahead and do it. As sac-r-ten says go ahead and live your dream .. develop your apps, create wealth and dont worry about stupid man-made rules to encumber people ... :-)

    PS : Please recommend a good objective - C / Cocoa book for Mac/iPhone programming..



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  • lord_labaku
    10-05 06:20 PM
    Guys,

    These are standard trick questions. Its done quite frequently...maybe you guys dont travel frequently....but enforcing officers...like cops, security people, immigration check post officials are all trained to ask obvious, simple straightforward questions and supposed to judge your behavior, body language....not the exact answer....next time....try giving like a really long winding answer and see if they even care.....half way through your answer...they would have already stamped your passport.




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  • njboy
    06-09 11:35 AM
    bottom line is guys..they've figured out a cash cow, and will milk it..can a person on H1B afford 5 months of waiting for renewal/job change extension? What if there is an emergency at home? there's always a solution, beg the company to pay $1000.00 and convert it into premium process. What if the company does not want to? You are sc***ed! The waste products are going to hit the overhead air circulation device once they start processing the 13 mil. illegal immigrants.



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  • jamesbond007
    05-08 12:35 PM
    Subscription Payment Sent (Unique Transaction ID #88F033017L228660C)
    In reference to: S-6SA40714TY0604400


    Original Transaction
    Date Type Status Details Amount
    May 8, 2009 Payment To Immigration Voice Completed ... -$25.00 USD




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  • gsc999
    07-08 10:48 PM
    It may be counterproductive to get Indian government involved, as has been pointed out by IV before.

    The recent WTO talks failed and US trade rep blamed India and Brazil for the failure. Why wouldn't US use this as a trade negotiation issue with India, instead of solving it as a domestic procedural issue. Once that happens the likes of Lou Doubbs will hijack this issue and make it US vs India.

    - If at all there is a trade issue, it is for H1-B visas. Once you are at AOS stage even that motivation goes away.

    My suggestion is to focus on domestic media and local congresspeople, who can be more helpful.

    Lets try to be part of the community we want to be "permanent immigrant" of, instead of looking towards Indian govt., which can't do much here anyways



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  • redcard
    12-19 12:53 PM
    redcard and igcard, why don't you guys just fuck off?

    Thanks buddy, I shall ask my friend, who has another friend, who is friend with another friend of his friend who is friend with another friend who is known by alb2c3 who will tell me how to "FO" as he has a PhD in "F@##"". As soon as I here from him I shall let you know friend




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  • vijse
    12-19 08:42 PM
    For the sake of others who may search this forum in future, could you tell how you got it corrected? Thanks!

    I went to a CPB defferred inspection site which was the one closest to where I live ,with my pasasport ,I-94 and my H1 petition . So the officer clearly saw it was an error and gave me a new I-94 .



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  • alterego
    09-11 03:19 AM
    After reading this, I was not sure whether that 140K included the Labour backlogs. I know the BECs have been a lot more active lately and have been pumping out approvals/denials more rapidly.
    If infact 140K backlogs do include them, then perhaps that would be a good thing, since atleast then we can perhaps begin to get our arms around this and understand how long our waits will actually be.
    One thing is for sure they have definitely stepped up the speed of things at the USCIS with other filings after retrogression hit.




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  • punjabi
    10-09 04:26 PM
    Your question has also been answered here:

    http://www.murthy.com/news/n_faqrec.html



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  • looivy
    03-23 02:15 PM
    I recently spoke to one of the murhty attorneys about this and they mentioned that if the delay is because of company issues then you can travel back on AP but however if the delay is because of some security check then it is best to wait for it.

    How do I determine if it is due to company issues or security check?

    The consulate just sends standard reply and DOS does not disclose any information beyond status still pending.




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  • GKBest
    12-26 06:31 PM
    Context is very important here. IRS has its own rules, USCIS has got its own and then universities have their own set of rules. I have had a lot of fight with university to get in-state tution fee on H-4 visa. So please explain your context and I can shed some more light on this topic (based on my own experience).

    Can you tell me more about your fight with universities in getting an instate tuition under H-4? My son have been a CA resident for the past 7 years and has studied in CA schools. Doesn't this qualify him for an in-state tuition? What documents does he need to present to the university to show that he is qualified?




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  • gauravster
    10-04 03:18 PM
    1. Liquidity is definitely an issue with 401k. It is not easy to withdraw. However, in certain cases you can withdraw the money claiming hardship though it should be avoided (401khelpcenter.com - Hardship Withdrawals Give Access to Your 401k Savings, But at a Cost (http://www.401khelpcenter.com/401k_education/hardship_withdrawal_article.html)).

    2. Apart from hardship, I would typically max out in these. One not only saves on taxes (federal, fica, ss, state taxes etc. about 30+%) but one may have employer match as well. Also different employers might have different options for investments.

    3. For withdrawal, there is a 10% penalty and these get added to your annual income that year. So if you plan to go to India, you can choose to withdraw in years when you are firmly a Indian resident and have no other US income. As such your tax liability would be less (maybe zero if you withdraw across several years) you might only have to pay 10% penalty (as against 30+% you pay on taxes now). If there is an employer match, you might be getting additional 25-100% just to invest.

    4. Loans from 401k. They do charge a small interest, but that typically gets added to your account. So effectively you are paying interest to yourself.

    But liquidity is a serious issue and you need money you might consider this a problem. Even then, if there is employer match there is a good reason to still invest at least as much as needed for the maximum possible employer match.




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    03-07 10:29 PM
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    Refugee_New
    01-26 07:56 PM
    Folks,
    I am not getting my hopes too high about the EB-485 processing dates--either for the TSC or the NSC. Correct me if I am wrong...but I think that this huge progress in the EB 485 processing dates can be attributed to the fact that EB2 (India) is retrogressed and even unavailable (currently) and EB 3 (India) is also regtrogressed, and of course, not to mention China. So, perhaps both the service centers are processing EB 485's for ROW--and thus this quite impressive forward move.

    If at some point India's EB2 and 3 priority dates move by a great leap beyond what it is now (ie., if the centers start processing the July 2007 VB submissions of EB2 and 3) , then should not we expect that the processing dates of the two centers be back-logged again and thus retrogressed?

    What so you folks think? Thanks.


    You are right. When the dates are U, processing dates become Current and vice versa.



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