Thursday, June 9, 2011

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  • stucklabor
    07-12 09:24 AM
    EADchallenged, please check your PM.





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  • logiclife
    01-05 01:42 PM
    In addition to that, there is a 90% chance that there will be an inquiry from USCIS when change of status petition (B1/B2 to H1) is filed, mostly asking the routine questions and the query would have to be replied by a good attorney in a proper manner.

    That would cost your friend here some money as replying the USCIS inquiries is pretty routine but its not free and lawyers would charge you $$ for that. If you are doing this thru a small company, the company might charge you / your friend here for reply to the USCIS query. It would be a minimum of $1000 to respond to such inquiries by an average attorney.

    Its better to go to India, get a fresh H1 approval (I-797) for yourself, get the visa stamp of H1 on your passport in India and then come here. You wont be able to start working until Oct 1 anyways.

    Also, please dont open 2 threads for the same question. I am going to delete the other thread.





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  • waitingnwaiting
    05-20 10:43 AM
    We are beneficiaries of my husband on a EB3 petition. due to retrogression issue,

    Was your question

    We are beneficiaries of my husband on a EB3 petition. due to retrogression issue, I want to sue someone. Whom should I start with?



    Guys

    Lets complete her questions with various possible choices and help her. Happy Friday. :D





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  • paskal
    08-22 07:10 PM
    All MN dwellers- join us!

    Folks from IA and the Dakotas are also welcome

    For WI- pm alisa
    For IL/MO - pm janilsal
    For MI/IN - pm chintu25



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  • amsgc
    03-11 09:33 PM
    I have an NRE account and I get a 1099-INT every year from my bank for that account. It clearly states that the interest has been reported to the IRS and therefore must be shown on the 1040.

    We were talking about taxes at work and someone mentioned that all bank accounts in home country should be reported to IRS. I opened a bank account(NRE) in India before I came to US and get minimal interest income from it. Should I be declaring the income to IRS? The income is so low that I don't have to declare it in India so I didn't bother. I do not have a green card (am on H1B). Can you confirm if I am supposed to provide this info in tax returns. I did do some research on this and from news articles it seems like what my colleague mentioned is true. How do I go about providing all the info now? Is this going to impact my GC process?





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  • cooldudesfo
    09-11 12:38 PM
    My main concern is RD of 28th August.....Does that mean that we are falling out of August 17 window and our cases will be put on hold or may be denied.......

    Atleast, if I had RD of July 2, 2007...when our cases reached USCIS....I would not worry about it that much.....

    Now...when it get transfered to NSC, will we get new case #s....I think all cases at NSC starts with LIN....

    Anybody else in same situation?

    Did you guys talk to your Attorney?

    I just sent an email to my Attorney and waiting for the reply....



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  • dreamworld
    11-07 12:56 PM
    Dude, Consulting Business mean making profit out of consulting and you are one of the tool for them....





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  • SGP
    09-28 03:32 PM
    Thanks once again for the reply.

    When you say I can retain the priority date, how does that work? Do I have to file the PERM again? Isn't the PERM what gives us the priority date? And then will I have to file the I-140 or is it that I need to file the I-140 only?

    Thanks

    Omi.

    Omi, Mr. Raj would be having a free conference call in which you can ask questions. The call as of now is set for Oct 7, 2010 at 6.45PM EST. Follow the thread "Next Free Attorney Call" on IV for details

    Thanks.



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  • EndlessWait
    04-12 07:12 PM
    Considering, if lobbying with $ is how things work here and it will help the govt. to fund the war, I've a great idea.

    Tell the lawmakers, we legal H1b highly skilled workers are willing to shell out $10K-$20K, if they can have a provision after I-140 to let us get I-485 Premium Processing. This fee, lets call it Premium processing GC fee, can help government in all the good ways.

    Paying this premium processing is giving government funds to support various things namely balance budget, fund the troops in war.

    IV should consider this seriously and debate.

    Say what???
    :-)





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  • EkAurAaya
    07-10 09:55 PM
    flush this theory of mine... may be it was just a flook that 9 cases followed a pattern (and i thought i just decoded it LOL)... but this just confirms that applications dont reach Service centers they actually reach a black hole :D



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  • belmontboy
    05-20 09:52 AM
    We are beneficiaries of my husband on a EB3 petition. due to retrogression issue,

    i think she fell asleep on keyboard, before she could finish the question :D





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  • meridiani.planum
    12-11 12:26 PM
    Hi Everyone,

    Here is the scenario:

    Category: EB3-INDIA
    PD: APRIL 2004:
    140: Approved.
    485 filed on July 2nd, 2007 (of course, still pending)
    Changed Employer after invoking AC21 (without sending any documentation to USCIS)

    There is possibility that my new employer (where I am working on EAD) may get ready to file gc for me in EB2.

    Now, here are my question:

    1) Since my EB3 485 is pending, is it possible for another employer to file under EB2? Is this the process which is called Inter-filing? Has anyone done that?

    2) At what stage previous EB3 PD can be used ? At the time of 140 filing, 140 approval or new 485 filing?

    3) What if new EB2 I40 gets rejected? Does it have any impact on old EB3 approved 140 and pending 485?

    4) Does the scenario look too risky?

    5) Any one in the same boat?

    Thanks in advance.

    dont file a second 485. Wait for teh second I-140 to be approved, then just interfile this into the old one. Did you already request your older PD when you filed this new I-140? Thats the stage where you typically request teh older PD, though you can also do it when you request to interfile.

    New I-140 getting rejected should not have an impact on the old EB3-I-140 as long as the denial is not something that can be a reason for denial of the older one. So if this is denied due to ability-to-pay, or not qualifying for EB2, you are still ok as long as you had qualified properly for that older one. In many cases USCIS has gone back and looked at teh first I-140 when a new one is denied, to see if the older one also has the same problem.



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  • prasad_2007
    06-01 09:07 AM
    Liaison International
    (Comprehensive Coverage Plan)

    All insurance or in same boat.





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  • h_shaik
    08-09 01:43 PM
    As Per my knowledge it is not nessesary that all approved I140's will have a A#.

    Senior members please correct me if i am wrong. Also i would appreciate if you can explain what is the criteria to get a A# in case of approved I140.

    Regards.

    it's the A# in your 140 approved petitioin.
    Generally spouses won't have this until they get the 485 receipt so they can leave it blank in the 485 application but the principle applicant should have from the 140.



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  • gc_chahiye
    11-29 03:33 PM
    My attorney received a letter saying "Intent to Deny" reason being not having Mats in graduation.

    But the fact is I have Maths and I did 4 Math courses in graduation and provisional clearly shows maths1, Maths2, maths3, maths4.

    Letter says Vallabhu has done Courses in Sanskrit,English, Physics and Geology but nothing in Maths.

    and This how each year of transcripts look like

    Physics1
    Maths1
    Geology1

    Physics2
    Maths2
    Geology2

    Physics3
    Maths3
    Maths4
    Geology3

    I don't know how can he miss Maths from this.


    Does any one else heard/faced a similar issue in the past.

    What does your attorney say? Respond asap with copies of your transcripts highlighting the maths related courses...





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  • deepimpact
    09-21 11:50 AM
    I am sure anybodywho has a concept of fairness understands Eb3 candidate waiting for 5 years deserves to be in Eb2 just by definition of Eb2 and he is not taking any new job which means he is not displacing any new american worker.

    Per the current Labor laws, you cannot use experience gained from same employer in PERM certification unless job changes by 50%. And if the job changes by 50% then it is a new Job and you are replacing a potential American worker. And if you are still doing the same job, then even though you have gained 5 yrs experience, your job requirements did not change(ie B.S + no experience). The EB category is determined based on what is the requirement for your job rather than your qualifiction.

    That is why the provision of porting is a case by case item rather than a blanket rule applying to anyone in EB3 for 5+ years. And the backlash won't be from a few EB2 folks (it will be about a 100K folks).;)



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  • kaisersose
    05-29 11:57 AM
    Thanks for your response kaisersose.
    I understand I can switch jobs with my EAD.

    I want to switch from EB3 category to EB2 since I will be current under EB2 with my PD of July 2003. What is the process I have to follow to make this switch?

    KC INdian

    Three steps,

    1. Your employer or a future employer should file a new Labor for a job that has EB2 requirements and you should be eligible under these requirements.

    2. Then apply for an EB-2 140 for this approved Labor by using PD substitution (from your earlier 140). This 140 will be approved under EB-2 and will have your earlier PD.

    3. Now you can replace the underlying 140 of your 485 application with the newer one and you will be all set.

    Easier said that done though...as PERM in Atlanta is taking a long time and 140 is taking a long time too without Premium processing.





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  • iwantmygreen
    08-06 07:47 PM
    08/04 LUD on your I485 should be for approval. What does the message read? I had received RFE. They received the response for RFE on 08-01 for which there was LUD on 08-01. There was another LUD on 08-03. another one on 08-04. The status reads: "On August 1, 2008, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register."





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  • sagittarian
    12-19 10:32 AM
    Sagittarian,

    Did your wife work before in India? How did fortune500 apply for H1?Did they attach client letter during H1 application?
    Hi Uma001,

    Yes, she did work in India for 3 years. She got a full-time job opportunity with a fortune 500. It is direct employment.





    chanduv23
    07-10 01:20 PM
    It appears to me that we should file all I-485 applications in July. Even if the advantage is illusory or marginal, it may be a good idea to file. If your application is ready to go, it should be filed. Regards. Rajiv.





    ambals03
    04-29 04:11 PM
    America is bleeding competitiveness | VentureBeat (http://venturebeat.com/2011/04/28/brain-drain-or-brain-circulation-america-is-bleeding-competitiveness/)



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