Thursday, June 9, 2011

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  • punjabi
    02-28 12:48 PM
    Nothing to worry if you are a genuine employee of a genuine company, as most of us are! People who don't cheat need not be afraid of USCIS or IRS inquisition.


    Silicon Valley Immigration Lawyer Blog Has Just Posted the Following:

    The Federal government is about to start knocking on the doors of employers, demanding to see I-9 records and more.
    ...
    ...
    More... (http://rss.justia.com/~r/SiliconValleyImmigrationLawyerBlogCom/~3/DpyqOn5n_Us/silicon-valley-employers-must.html)




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  • amoschid
    07-08 09:52 PM
    5 star from me too :D




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  • anilsal
    07-30 06:36 AM
    W2s to indicate annual salaries in the last 1-3 years such that they know that you made at least as much as the labor application said.




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  • Roger Binny
    09-01 02:14 AM
    Very good one, thanks OP.

    Some striking lines...

    “I thought they would be so happy in this country — all the houses, the food, the cars,” said Najia Hamid, who founded the Afghan Elderly Association of the Bay Area, an outreach group for widows, with seed money from Fremont. “But I was met with crying.”

    Young couples who need to work to support families have imported grandparents in part to baby-sit. There is a misguided assumption that baby-sitting is sustenance enough for the aging, said Moina Shaiq, founder of the Muslim Support Network, which brings seniors together. “We are all social beings. How much can you talk to your grandchildren?” Mrs. Shaiq said.



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  • sasimks75
    08-23 06:35 PM
    Thanks very much for your quick reply.
    I have asked my lawyer to fill i140 in PP. But he said they can not because the original labor certificate is not available and USCIS will have to locate the original certificate which make sense.
    Any my question is, my Priority date is June 2004. What happens after the I140 approval? Will they have to apply another i485? or use existing i485? if yes, how do they communicate to USICS to convert the old i485 from Eb3 to Eb2?




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  • buehler
    07-27 09:11 AM
    Good idea. I would suggest that you also add uscis.gov to your search. It doesn't seem to be showing any pages from that site



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  • nixstor
    02-23 04:22 PM
    AFAIK States that do not have state income tax do not let H4 visa holders pay instate and make Green Card as a requirement for instate qualification.

    WA state is a good example of the above situation. I don't know about TX,FL,SD,NV,AK,WY which also do not have state income taxes. You might want to look at the instate qualification website for the state you are interested in.

    MD doesn't allow instate

    DC has no instate concept at all :)

    VA,NY,CA,MA,IL allow instate as of my knowledge.




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  • seaken75
    09-26 12:16 PM
    I also filed with NSC and just finished my FP yesterday. I am still waiting for my EAD and AP. Does your I-140 needs to be approved first before you get your EAD and AP?



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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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  • p_kumar
    02-27 12:16 PM
    Ok, since your GC has been approved, it is not true you need to wait 180 days. There is nothing in the law that says that. What is true is something different. When you received your GC through your employer, the presumption is that you will remain with this employer for a long time to come as it was a permanent job offer position. Of course, under some circumstances, it is possible you can't work for the same employer any longer; for instance, the company is closing etc. But, if you receive a GC and you voluntarily leave your employer immediately or after a few months, you MAY have issues during naturalization. At that time your application can be scrutinized whether or not you really was going to work for the employer who sponsored you. I've seen this happening several times. If you left voluntarily after a short period of time, the USCIS may say it was fraud and you never intended to work for your sponsor. So, in general, it is advisable to remain with the original sponsor for some time. Some attorneys say 1 year is enough, some say 2 years is enough and some say 6 months is enough. It is up to you. The law does not specify what the period is, but be logical and careful about this. You can hold 5 jobs, but I would suggest to stay with your current employer for as long as possible. Think forward, and not backward.

    Hope this makes sense.

    You have seen applications being scrutinized for employment history at the time of naturalization?. can you please provide elaborate and provide examples?. Otherwise dont scare people unnecessarily.:mad:



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  • pradeep_s
    12-21 02:11 PM
    Janilsal,

    I have a PhD, almost 4 years research experience. About 10 scientific publications.

    hi miguy.........
    Regarding your I-140 approval notice, if you can get your case # from your lawyer, I guess you can request for a copy of I-140 approval notice from USCIS. Try to get your case #/receipt number. In my case, I got the I-140 approval letter from USCIS. What I know is that USCIS sent a copy to your address as well as to your lawyer. Did you change your address after applying for I-140? The approval notice cannot be forwarded to a new address.

    pradeep




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  • webm
    10-05 02:07 PM
    Folks,
    Who receives the AP approval? lawyer or the beneficiary?

    Generally Lawyer receives it.Check with your lawyer constantly.



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  • pappu
    08-19 01:27 PM
    Hi,

    My wife's EAD is expiring on 8/3, and the renewal was filed on 5/19 w/ notice date 5/24.
    We have just requested expedite request but may not get it in time.

    She just entered into USA using AP in July.
    485 was filed in Aug 07.

    If she continues to work till the EAD is processed, would she be protected under rule 245K? Does she need to stop working immediately?

    And what happens if she does not get the EAD by Aug 19 (90 days)? Would the infopass office issue an interim EAD based on the application?

    Thanks,

    You can ask this in the Attorney conference call today




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  • STAmisha
    06-19 03:37 PM
    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



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  • gc28262
    07-21 09:33 AM
    IMO it looks like USCIS is trying to find some reason to deny an H1B petition. Fragomen doesn't have the guts to defend their clients before USCIS since they underwent some investigation.
    They are just trying to play safe.




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  • ganguteli
    03-27 10:29 AM
    There are more than 100,000 emails and more than 40,000 paper letters coming to Obama every day. I doubt, if all get acknowledged after somone reads them. Some sort of filtering process has to handle that task. With security I meant, checking on originating IP addresses against their watch-lists, certain words in the text, etc. As per reports, Obams is given some 10 letters (may be some emails) everyday to read.

    You are probably right. Sending junk emails is no use.



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  • aadimanav
    09-05 03:56 PM
    Congratulation to all EB2 who are getting their approvals. Have a wonderful post-GC life :)

    When will, we EB3s (India), see some light at the end of the tunnel.

    Looks like (in my case) after waiting for more than 5 years it will still take 3-4 years. I am mad :mad:




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  • xbohdpukc
    03-05 02:57 PM
    I guess that's how much they value the American Dream, so let it be, I'll pay that price, no prob.




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  • trueguy
    03-06 01:10 PM
    Both are very good point. May be we should send it directly to Obama office and request him to consider.

    Can we have a letter that everybody can send out. I am sure sending thousands of letters will have more impact.

    Thanks.




    shirish
    10-03 02:33 PM
    PD - sept 05 EB2 India
    I140 - Approved Apr 2006
    I-485,AP,EAD - reached NSC on July 27th 07
    No - RN, NO EAD, NO AP, NO FP




    calboy78
    11-10 01:55 PM
    Hi friends,
    My brother in NJ got his new passport at NY Indian consulate (since old one was expiring soon). They gave new passport which was valid for only one year - saying that they need valid unexpired visa-stamp to give 10 year validity passport.
    They said that they will NOT accept
    - valid unexpired EAD
    - valid unexpired AP
    - valid 485 receipt
    - even valid unexpired H1 approval notice (my brother still has H1 in addition to AP)
    ...Now it is so absurd that, even if my bro went for visa stamping (which he isn't planning), he will not probably be issued 3 yr visa as passport is valid for very short duration. A chicken and egg problem.
    In addition why do Indian consulate worry about our visa status for determining passport validity duration ? If they do care then at least they must accept the legal documents (ead/ap/485 receipt/h1 approval notice) to make a decision.

    I will appreciate if anyone has a solution to this problem. All answers appreciated.

    I am so sad (and mad) that lawmakers of our country are still haunting us while we are away from our country and trying to contribute to its progress.



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