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Wednesday, June 15, 2011

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  • hsm2007
    09-20 08:58 PM
    Yes I am going to consult either Murthy or Rajeev. But my problem is that my company which is a big corporate will only give a EVL based on the format that the company's attorney prepare. So even though I can consult Murthy but no way I will be able to use their advice as my current employer will only do what their attorney tells them.

    I am in a fix as to what to do? My current employer is a big corporate and don't work with personal attorneys. And HR policies are also very stringent.

    Even if I want I can't use Murthy/Rajeev/Ron to respond to this RFE.

    So confused what to do





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  • jnraajan
    01-18 10:54 AM
    You cannot become a Canadian Citizen, just because you are on H1 in the US. The only advantage is you can apply for Permanent Residency from the US, which is much faster than applying from India. Once, you get your Green Card, you still should maintain residency in Canda, before you apply for Citizenship.

    Ria, You can apply for Canadian Permanent Residency by urself. You dont need to hire people to do it. I did it by myself, and it is very easy.





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  • shreekhand
    07-26 10:06 PM
    Dear Vikram,

    Maybe you can list the sites you have configured to search in this custom search and we can suggest adding a few more if need be.

    Nice work.





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  • ps57002
    12-28 10:39 AM
    Only God knows how they calculate what processing dates to put up. even their IO's are baffled. NBS shows I131/AP as 3 months now. Mine is way outside processing time now according to new processing times. So I called IO and she's like "now why did they post that, it's not even correct. I'm getting calls regarding that now since a.m.). She was nice though even though I offered she didn't have to do a SR as I'm not travelling anytime soon unless emergency comes up (i'm on EAD and so totally dependent now on AP in case of travel as have no valid H1b). She still put in a request for me. Nice IO. but fact is even their IO's are surprised by what they put in processing times.



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  • parablergh
    08-27 02:27 PM
    phone number: 800-375-5283
    follow the prompts.





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  • GC_1000Watt
    07-28 05:42 PM
    So, I was talking to one of the attorneys and he mentioned that one should contest the denial within 30 days and as long as it is approved, we don't have any problem. But, if the MTR is rejected, then all the days that have been accumulated after the denial will be in illegal status.
    What is the probability of cases of MTR getting approved after the relevant documents have been published?
    For the client letter denial reason, did anybody furnish further documents?
    Appreciate your inputs

    I was in same situation last year and as suggested by a very good lawyer, instead of filing MTR, me and my company re-applied under premium processing. I got the extension with I-94 within 10 days after I re-applied.
    MTR is time cosuming and all the time you will be worried about it. Also if MTR gets denied for any reason then you are putting yourself in big trouble.

    I would suggest you to reapply with solid paperwork under premium processing. Don't forget to ask your lawyer to include a cover letter telling USCIS about the earlier denial and why they should reconsider the case based on the attached documents.

    That worked for me like a dream and hope it works for you as well.
    Good luck friend!



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  • garry_kay
    06-20 11:52 AM
    Finally This Is My Turn To Rejoice. My Lawyer Email Me Saying That She Got Off From Phone From Dol And My Lc Is Approved.

    1)how Long It Takes For The Physical Paper To Arrive? Do We Need That Physical Paper To File For 140 And 485?

    2)the Online Status Still Shows "in Process"

    Gurus, Please Help Me

    Congrats!! Do you know when your case was activated from the backlog center - the day when your lawyers got the recruitment activation notice?





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  • she81
    11-09 07:40 PM
    Listen to this. A week after our company filed our 485 (after my conventional labor got approved first week of August) and quite a few of my colleagues were in the same boat, they mysteriously changed our lawyers - apparently none of us had even receipts by then. The old lawyers were not ready to talk to us as they transferred our files to the new firm, and none of us had an idea what to do. On top of that, our HR rep did not provide us with any contact info of the new Law Firm and insisted every communication go through her (and when she forwards their replies to us after taking her own sweet time, very meticulously she removes all contact info from the emails).

    They're never short of ways to annoy us immigrants.



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  • PALLO
    04-21 01:51 PM
    [QUOTE=fromnaija;335920]Yes, if you are sure of moving back to the job location specified in the Labor Certification you may not have to restart the process. If you know you will not move back, youand your employer will be commiting immigration fraud if a new LC is not applied.

    what kind of evidence you need to provide to show the intention that you will move back to the original location!





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  • johnggberg
    07-17 02:30 PM
    but it dose not add any value, as the message does not give any more information then, what we already know



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  • renupond
    10-05 03:43 PM
    Thanks for the giving link for reply. so I understand that she can work & start her own company to work as independent consultant.
    Now I am curious to know..about move from H1 to EAD for her.
    can she move from H1 to EAD immediately?
    what are pros & cons by moving from h1 to EAD. As she already hv her SSN because of H1. do we need to inform about ead to SSN office? Also what kind of company she can have on EAD (corp,LLC)?
    what is the procedure to hv own company? Steps to follow for Independent contracting? Taxes for independent contract earnings?

    Also what if after a move she stopped independent contracting? two scenarios may be either join another company as employee or if she stopped working. in that case do we need to close the company?
    Once she have her own company then she will work thru that company corp-to-corp or 1099??

    Sorry...so many series of questions...but since this area is new.
    appreciate your help.
    Thanks in advance.





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  • nousername
    03-31 05:47 PM
    Your 180 days start from the day your I-94 expired. And yes, 2 weeks or 4 weeks over stay will make a difference. Next time when you enter the country or at the Visa office they might ask you the reason.

    You did nit clarify if your partner is a US citizen, PR or visa holder. That might help in giving you some additional advise.



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  • rajenk
    08-21 12:55 AM
    Ok,

    Today the paralegal staff at my lawyer's office told me that they got my wife's application rejected back on July 20th!! They were handling lot of filings and could not update me about this. I am happy that they pro actively re-filed the application. My wife's application was rejected because of improper fees! They filed again and reached USCIS Nebraska on 25th July. Now I am waiting for her application to be receipted.

    Thanks
    Raj





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  • EndlessWait
    12-13 06:34 PM
    January 2008 Visa Bulletin and Predicament of Unmarried Indian EB-2

    India has a tradition of family match-making marriage that more or less determines the timing of a marriage for a single person. When the EB visa numbers were open a few months ago, the unmarried single EB-2 worried about premature approval of their I-485 applications before they would have married and often talked about the way to delay approval of I-485 applications until they would marry. The January 2008 Visa Bulletin and the State Department prediction for the EB availability in coming months have removed such worry from these Indian professionals. However, in an unanticpated twist and irony of the development, they will instead face a different problem, to wit, their future spouses may not be able to apply for a following-to-join derivative EB immigrant visa benefits for a long time. Considering the amount of time the future spouse will have to wait to file for the immigrant benefits, it may be important for these EB-2 Indian professional to take at least two actions. These unmarried Indians have maintained a H-1B status to bring their future spouses in a H-4 visa status so that they are not separated after they marry. This strategy will become more real and critically important, meaning that they should keep staying on a H-1B status and not using EAD and AP. If they returned using AP, they may at some point of time, reinstate their H-1B status before their H-1B validity runs out. The other action which they should take is to file concurrent EB-2 and EB-3 I-140 petitions using the same EB-2 labor certification. Since the EB-3 is more favorable or at least will have a cut-off date rather than "unavailable," in certain situation they may maneuver the immigration rules that permit transfer of pending I-485 applications between EB-2 and EB-3 during the period when the visa numbers remain current for him/her. Such maneuver may at least allow the spouse to file I-485/EAD/AP. When EB-2 becomes more favorable, they may have to transfer the I-485 applications back to EB-2 petition. This maneuver is not a good option for everyone as it will require a log of juggling. However, some earlier priority date EB-2 Indians may dare to venture such juggling because of their unique circumstances that require filing of I-485 application for the spouse. It is something to think about and people should seek legal counsel.

    I hope this info useful for our fellow members.

    Thanks,
    Ram

    r u an attorney , desi consultant or some nonsensical person...whats the point of this on IV...admin pls close this thread..



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  • TomPlate
    02-03 02:54 PM
    I am going to travel to India.

    I am in H1B and have valid Advanced Parole and expired EAD.

    What are the documents needed for Advanced Parole in Port Of Entry. Also my lawyer is going to file the EAD this week.

    1. 485 Receipt Notice.
    2. Copy of 140 Approval Notice.
    3. Employment Verification Letter.

    Anything else? Please let me know.





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  • kevin08
    03-19 07:36 PM
    Once you are 183 days on H1b (significant presence test), you become resident alien for federal tax purposes and file 1040 just like any other resident. From my experience in real estate, I am yet to encounter an IRS form that says H1b's shall be taxed 10% more. Can you request the IRS publication number from the source? I am curious.



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  • vinoddas
    07-29 08:57 PM
    I have a unique problem with possibly getting a green card too early. Please let me know how I can make this situation better. My priority date in EB2 India is in Jan 2006, which means potentially I could get my green card in 2-3 months.

    I plan to get engaged in December 2008 and married in December 2009 to an Indian born Australian citizen. As far as I can see, her chargeability would be from India.

    What are my options to make my life easier and to be able to successfully bring my future wife to the US the easiest possible way. So far, I have 2 options:

    1. Use the special E3 work visa for Australian citizens.
    2. If I dont get my GC within the next few months, do an early court marriage and invoke the following-to-join spouse when she is ready to come to the US.





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  • lostinbeta
    10-03 02:00 PM
    horrific....... um...... ok...... if you say so :P

    Alright dude, I gotta go now. I can't spam anymore. My girlfriend awaits :)





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  • pappu
    03-12 11:21 AM
    After a long 5 years I finally received 485 case approved letter for both my case and my spouse's case. However the online status still shows pending. Is this common?. How long would it take for the online case status to be updated.

    EB2- PB Dec2003
    485 Filed date: 08/02/07
    Texas service center

    Congrats.
    Could you update your profile please to help others





    WaitingForMyGC
    01-09 02:30 PM
    It would definately move..but movement would be backward. :-)





    eagerr2i
    11-05 01:46 PM
    Thanks very much for helping with your air miles. I have complied a list of all who have pledged till now.

    IV core could use the airmiles in the coming months when there would be a need to make the trip to the national capital.



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