Friday, July 22, 2011

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  • gc_on_demand
    06-02 07:04 PM
    This message has been corrected.

    Shouldnt the title include petitions filed by one particular law firm:
    'Fragomen, Del Rey, Bernsen & Loewy LLP' ??
    (its a little misleading & intimidating to know 'ALL' applications)

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  • pappu
    04-24 03:46 PM
    Congrats to everyone getting greencard approvals. The forward movement of dates has helped a lot of our members. let us hope they keep moving the dates forward and do not waste any visas this year.

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  • H1bTechieLA
    03-13 04:14 PM
    HI fellow members..

    I duly filed for AP along with my my 485 in OCT 2007. They messed up the photos on the AP. They put my wife's photo on mine and vice versa. We asked for a correction and they interchanged the case nos on the AP issued.

    So after 2 years they still have not given me a valid AP document. I refiled again last week.

    I have to attend my sisters wedding in June this year. We are still maintaining our H1/H4 status. My H1 is valid till 2011.

    Is it ok to leave the country without an AP and re-enter on H1.? I will have to apply for H1visa at the chennai consulate.

    My lawyer advises me not to go without an AP. Not going is not an option for me. Has anyone here re-entered in H1 visa after stamping whiel their I485 is pending.

    Im so tired of this immigration game. 0 Accountability. ..they told my lawyer they will not issue a correction to the wrong AP issued since it has already been approved till 2010 and I will have wait till 2010 to re-apply for correct AP and I cannot travel outside till these people understand what they are doing ??

    Pls take a moment to reply

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  • eb3_nepa
    02-18 10:06 AM
    Hello everyone,

    I know this topic is taboo and probably raised eleswhere, but I couldn't help wonder one thing.

    The BECs have shut down and no more LCs are pending. Also labour substitution is not allowed anymore. So does that not mean that from this point onwards we should NEVER see the priority dates retrogress any further? I mean isint that logical or am I missing something major? Until now, the pending LCs in the BECs were hanging like a sword over our heads, but now that problem is gone (i know a lot of people have suffered over the years for the same and I respect that).

    I guess my question is: Is there ANY possible reason for the PDs for any country to further retrogress?


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  • pinky001
    09-18 03:51 AM
    I am planning to attend an Visa interview, at present I am on H4 status.

    My case is: Gor H4 in sept 2006 - April 2008, and got stamping
    Later got H1 from Oct 2007 to oct 2010, and got stamping
    Present Got H4 from sept 2009 to may 2011 and no stamping yet and hence planning to go for stamping

    Question 1) But when I am selcting the appontment date it ask's for a question
    " Are you applying for same visa class that expired in the last 12 months?" so In my case would it be yes or no?

    2) Does H4 and H1 come under same Visa Class?

    please reply ASAP, As I am planning to schedule an appt immediately

    I am planning to attend an Visa interview, at present I am on H4 status.

    My case is: Gor H4 in sept 2006 - April 2008, and got stamping
    Later got H1 from Oct 2007 to oct 2010, and got stamping
    Present Got H4 from sept 2009 to may 2011 and no stamping yet and hence planning to go for stamping

    Question 1) But when I am selcting the appontment date it ask's for a question
    " Are you applying for same visa class that expired in the last 12 months?" so In my case would it be yes or no?

    2) Does H4 and H1 come under same Visa Class?

    please reply ASAP, As I am planning to schedule an appt immediately

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  • senthil1
    04-04 09:57 PM
    If you stay out of country for long time CIS may consider that you may abandon GC.

    I need expert advice -

    My I-140 has been approved and I-485 pending for more than 18 months. I have a valid EAD & AP. I also have a valid H1-B visa valid till 2011,
    that I am using for my current employment with my current employer

    1. If I get laid-off, how long can I stay in US without another job?
    2. I understand that in order to maintain my eligibility to "port" to a new employer / sponsor under AC21, I should have another job in same or similar occupation. Till I find another job, am I allowed to do some part-time job in different occupation?

    3. If new employer gives me the option to move permanently to its subsidiary in another country, what are the available option for me to continue with green card processing?

    4. If after going out of the country , I want to come back in future before Green card approval, what will be the available options?


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  • belmontboy
    08-14 08:41 PM
    Hi Mods, I am new to the forum so in case I asked this in the wrong section then do pardon me.

    I am currently working on L1 visa and had applied for H1 visa for fiscal 2010. I did file the visa via a consultant based in ease coast. Now, i got an email 8 days back from CRIS that there was a RFE against my application.
    And finally, earlier today I got another email from my consultant that my visa was denied.

    My consultant says that he never received any RFE request from USCIS and all he got was a random rejection PDF from them (he in-fact says that I wasn't the only one ... he got 5 more denials today without getting the RFE)

    My question to you folks is :
    - Can he be lying and trying to cover-up the fact that he never bothered to respond back (even though the RFE came 2 months back) -
    he could either be lying or the lawyer screwed up
    - Can this actually happen (that RFE doesn't get delivered at all) ?? -
    Lawyer gets the RFE. If lawyer screwed it, u can probably report it to bar. If ur employer didnot bother to respond, there is nothing much u can hold against him.
    - He says he has asked the attorney to appeal further. Would that help. Also, how would I know if this guy has actually appealed or just gave another false assurance.
    you can track ur case online.
    - Also what are my chances getting a H1B via the appeal route ?

    Thanks in advance

    Answers inline.

    P.S: it is illegal for consulting employers to take money from applicants for sponsoring H1B. If you have any evidence, report to DOL.

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  • axp817
    03-28 01:46 PM
    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.

    Not always true, if the employer withholds tax (OP's case) for a certain state, you HAVE to file returns for that state. Even if the withholding was done in error. The only way around this is to get an amended W-2 from the employer without the withholding. I speak from experience.

    An easy way to figure this out is as follows

    1. You have to file state tax returns in the state of your residence.

    2. You have to file state tax returns in state of employment (where your employer is) IF
    the employer withheld taxes (for that state) from your paycheck. Technically, they
    shouldn't but if they do, for whatever reason, the only way you wouldn't have to file
    returns is if they amend the W-2 and give you a new one without the tax withheld.

    3. You have to file state tax returns in the state where you perform work on your
    employer's behalf (this applies mostly to consulting scenarios where an employee is
    deployed on assignments across the country and the only time you don't have to file
    taxes in the third situation is when the work performed was for a short period of time
    (less than a certain number of months, I am not sure exactly how many, but I think it is
    9 or 10 months).

    In many cases the state of residence, employment, etc. are all the same, in some cases they are not.

    One of the exceptions is states which don't have state income tax, e.g. Texas.

    Of course, having to file returns in so many states doesn't mean you pay tax to each state, usually, the total state tax you end up paying is equal to the state with the highest tax rate.

    e.g. if you lived in NJ, employer was in NY, and you drove to a client site in PA for all of 2008, you would file returns in NJ and PA, and if the tax rate in NJ was 6% and PA was 6.1%, you would pay 6.1%, the higher of the two. Of course, if your employer accidentally withheld taxes for NY, then you would have to file for NY, and if NY doesn't agree to give you your withheld money back, then the only way to get it back would be to have your employer give you an amended W-2.

    That being said, the OP should be okay since he has now filed CA taxes for 2005 and 2006. There will be a small amount of money owed to CA-Dept. of Revenue as penalty, but that should have been calculated during filing, by whoever did the OP's taxes. If the penalty wasn't paid, the OP can expect a 'bill' from CA-DOR asking for that money.

    OP, If I were you, I would look into one more thing. If you were on H-1B when you were in CA, did your employer amend the H-1B LCA to state that CA was the work location? Seeing that taxes were withheld for NJ, they might have not amended the LCA. Speak to your employer and see if that could cause any problems or if there is a way to fix that.

    Good luck,


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  • kennyc
    May 25th, 2005, 02:09 AM
    Josh, I'm so blown away by those atomic bomb looking clouds that I never even got to the one with the deer! (Nik had some atomic bombs over a barn last week also). I think you make all the relevent points; the first 2 certainly can benefit from some post processing in Photoshop. Those clouds are really it, but the needed something else to frame it, branches, grasses, something. I noticed that the horizon was treed, so assumed that the shore on which Kenny was standing had some trees, I "framed" the pic as if it were shot with trees framing it. Attached is the result which shows how finding objects to create a "frame" for the picture can make a world of difference. Also, I had to guess at the actual sunset color scheme. Since I wasn't there, I opted for the most dramatic. (hope you don't mind me messing with your pic Kenny, but it lent itself well to the discussion of framing and processing and illustrates better than words what I am getting at).

    Other than higlighting a few things, I kind of like the deer one the way it is. It's almost a "where's Waldo", but that's what I like about it. Nature itself plays the "where's Waldo" game on us.

    Thanks. These are pretty much "straight" the one with the deer is cropped, but the others are straight from the camera. There actually weren't many trees on the shore where I took this but I agree with the framing/forground comment and example but you also destroyed the "mushroom" cloud. :)

    P.S. I thought the first too were a bit dark, but didn't like them at all when I increased the brightness so basically left them.

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  • Lisap
    09-12 05:27 PM
    same situation...

    sent to USCIS Texas on June 29, received on JUly 2nd at 10:25 AM. no receipts and no checks cashed yet. the USCIS receipting notice Texas said that they have finished receipting July 2 appl. what happened to our appl then?
    pls anyone who filed july 2 at texas and with the same info who got their cks cashed and receipts rec, kindly share here. tnx!

    Just hang in there you will have your receipts soon!!


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  • ujjwal_p
    09-10 04:11 PM
    Most of you know about rear view mirror fuzzy dice cubes
    I believe they can be customized too. for eg:
    Your customers

    Very neat. You know, I am not sure if this will translate into a real fuzzy dice campaign. At the very least, it provides good succinct talking points for us and IV Core to use when explaining what the issues are.

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  • linuxra
    09-24 07:52 AM
    Hi All,
    Thanks in Advance...
    I got an email from USCIS that my and my wife's I-485 got RFE''s
    I files my 485 through lawyer,I recently moved to new location...
    Will the rfe notice come to me or my lawyer...
    I updated the old address on the day i got RFE notice?
    Please advise...


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  • joydiptac
    08-17 06:09 PM
    Thanks for your reply..
    Can anyone else share there views....
    "Plan and direct " are the key words here. Being in the same space, I know it is similar. But don't take my word for it.

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  • nareshg
    12-16 06:17 PM
    They might be sending second FP notice every 15mnths of first/consecutive FP's done once it expires in their system..wait for that notice and dont worry about it now..

    Thanks all for your replies...perhaps my question is not clear...I would have posted a new thread but was not easily able to figure out how to do so...

    Will try to ask my question again...

    I am not worried about when my FP expires and things on those lines....
    my questions is for jobs that require green card or citizenship... there are some federal jobs out there that require security clearance....and for which they need either green card holders or citizen I beleive...

    Now if one has an EAD (no green card yet, 485 pending for more than 1 year) and has got his/her FP done in FEB 2008 what does that mean...does it mean that once you have your FP done there is some kind of security clearance that you get from FBI ?...can you say you have active security clearance..if so what kind of security clearance is that called ? I said when I went for the Biometrics/FP (Code 3) they stamped the notice with the following

    Biometrics Processing Stamp
    ASC Side Code: __________XTE<location>
    Biometrics QA Review by ________ (officer's signature)
    Tenprints QA Reivew (officer's signature)

    Thanks Gurus !!


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  • satyasaich
    03-16 12:45 PM
    expect an RFE in a month or two. Also fill in your profile to help others...

    Why he should expect an RFE in a Month or Two ?

    Any rational reason ?

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  • radhay
    07-26 07:25 AM
    My case is some what similar. My h1b extension packet was returned for lack of filing fee but before we could re-apply my old h1b expired. We applied however but USCIS approved h1B petition and didn't grant me h1b status i.e didn't issue I-94. I am required to leave the country for stamping.

    Now we are filing nunc-pro-tunc petition essential pleading with USCIS it was no fault of my mine. You can do gooogle on this.

    Okay, I applied for an H1 transfer late June 2006 on my own. Started at new job after receipt. Late August went on maternity leave. Came back to work in December. During maternity leave, my application was sent back due to wrong fee and no LCA (I didn't use a lawyer and was given somewhat bad advice.) By the time I did a re-application for transfer it was April 2007 (with the help of lawyers, this time). My H1 expired (6 years) near the end of June. But I was told I was okay as long as I was pending. Mid-July got a request for evidence with a date of September 20th being the latest date I can send in the stubs, tax returns, etc.

    1. Am I currently out of status or okay because of the RFE?
    2. If I apply for F-1 status now (thinking of a second Masters or PhD) will I need to send in the evidence for the H1B before that or will that not matter? It will take me a while to get all of the evidence, but I don't have time to wait in regards to getting the F-1 for school this Fall.

    My lawyers suggested leaving the country, but I am fearful of that? Any suggestions, answers, advice?



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  • watertown
    03-11 11:50 AM
    Guys, I've aske this in another board but does anyone know any good attorney in Boston area who can handle WOM/ AC21 like stuff?

    My company lawyer doesn't even bother to reply my e-mail!!!! Thats Todd and Weld

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  • robert5156
    07-26 11:56 PM
    I need your input.
    My PD was Feb 2006-EB2.
    I changed job on June 22nd to another company using EAD. Now the PD has become current for Aug.My old company and the new company are in different cities but it is the same state.

    I was planning to apply for AC-21 but i have not gotten consistent pay checks yet. My first check was a partial check. I will have 2 consistent paychecks by Aug 15th.

    1) Is it safe to just wait and see if i get a 485 approval without alerting USCIS about my job change?
    I am thinking since the job change is very recent they might not know about this job change.

    2) If they denied my 485 application for any reason ,can i continue to work while i apply for "reconsidering my 485 application" and file AC-21 with the new company?

    Please advice what you think about this. Basically i am trying to "not rock the boat" and raise suspicion and more RFEs by notifying them about this very recent change.

    Thank you very much for your advice and help in this matter.

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  • kumar_77
    06-15 09:16 AM
    I have been a contributing for a long time and i will do to do so , there are lot of people still struck in back log , who supported us from the beginning , and more over we are filing 485 ....we still have a long way to go remember..


    02-11 06:44 AM
    actually our situation is similar to a bunch of people sitting under a mango tree ..the green mangoes on the tree represent the green card.
    those waiting for the mango are standing on a uncertain muddy ground and few will sink in the sand (due to job losses).
    we have some robbers (labor substitutions) who climb the tree, steal the mangoes and run away.
    the natives (only the anti-immigrants) want to cut down the tree so that no immigrant gets a mango
    a majority or us who are waiting patiently are the law abiding ...but we wait for the mango to fall on our head rather than doing something to make the mango fall ..while waiting we fight and discuss silly issues (whether we should buy a house - how to get our maid on visa :)).
    some of us while our status was on quick sand - went ahead and built a house thinking that GC would follow
    now if only all of us were to come up with an effective plan and shake the tree or throw tons of stones on the tree ..then maybe everyone would get a mango sooner.
    I have one such idea (this does not cost much money) ..let us all go and meet realtors / home brokers etc genuine interest in buying a house but after few days tell the realtor that since GC has been delayed ..u are cancelling your interest in home buying.
    those who are homeowners already (with more at stake) ..should contact lawmakers that because of gc delays ...your house is at risk.
    WARNING ...before attacking this idea ..come up with a better one

    Good one. Just be cautious when we start throwing tones of stones, all those that will miss target will be coming towards us standing on the otherside.:)

    03-25 01:53 PM
    Yes you can recapture. Most of the people do the same way if they dont have enough time.

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