Tuesday, June 28, 2011

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  • ajaygc
    09-24 07:06 PM
    Hi Sunofeast

    when we go for finger printing will they ask for the A#. If so, do we need to provide the one with the 0 that is on the FP notice or the one with out the 0 (this is on the 485 receipt)

    -Ajaygc




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  • sac-r-ten
    07-07 11:55 AM
    I tried to find answers in other forums but didn't find any.
    I would appreciate if any attorneys/knowledge people can help me with this

    Doing a AR11/Change of address, do I include all these as additional applications

    1. MTR number
    2. Appeal number
    3. Original 485 (denied) for primary applicant
    4. Original 485 (denied) for spouse
    5. Denied 140 number

    or just these
    1. MTR number
    2. Appeal number

    Also, i have a pending date-error request with my H1B and H4 extensions, do i include the H1B and H4 numbers as well.

    This is getting complicated and i have just 2 more days before the 10days rule for filing AR11.

    Anybody who had a pending appeal during a change of address, please reply.
    thanks in appreciation




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  • rameshk75
    09-03 01:52 PM
    From the I-131 instructions document, find the list of docs required:

    - I131 application
    - copy of 485 receipt
    - Copy of Driver's license
    - Copy of I94
    - Copy of H1 - I797 Approval Notice
    - 2 Photos (A# and Name on back side with pencil)
    - Check ($305) to U.S. Department of Homeland Security

    - Send the application based on where you LIVE

    Am i missing anything?




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  • Sammo
    04-22 06:18 PM
    2 more, well 1 more, but I can't decide, with text or without text...or neither? :P



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  • desibechara
    10-16 10:52 PM
    Finally after numerous logins at USCIS, I saw today..Request for additional Evidence sent
    on my I140..I only happen to see when some other guy with Eb3 Pd2005 and Rd of August 15 got his I 140approval...
    so I logged in to see ..I too have LUD

    I wonder what it may be because I had sent all my W2s since my PD of 2001..

    My friend from my company had also received RFE for TAX papers last year. She sent it and was approved..

    Hopefully I am too..because I never changed jobs working for the last 8 years....and had prior necessary experience before joining my current job...plus 1 year in current job

    PD Oct 29, 2001, RD aug 8, 2007




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  • pune_guy
    02-15 05:34 PM
    Is it true that H4 spouse, who do not have SSN are not eligible for tax rebate if while filing a joint tax return for 2007 ITIN is used for spouse.

    It seems ITIN is given to illegal aliens too and hence it is not possible for IRS to determine which ITIN holders are legal and which are illegal. Thus they are not going to give tax rebates to ITIN holders.

    My wife is on H4 and has a EAD/AP. Should I apply for SSN to receive the tax rebates? But since the tax rebates are based on 2007 tax return I will have to file the tax return using her SSN to get the rebates.

    Also will SSN affect her H4 status if EAD is not used?

    What do you guys think?



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  • tnite
    09-24 06:35 PM
    We are in the process of building the Tri State Chapter(NY/NJ/CT). We plan to organize a lot of events like Attorney conference calls, social, publicity campaigns, seminars and many other things.

    If you are not yet a member of the Tri State chapter(NY/NJ/CT) please join the yahoogroups at

    http://groups.yahoo.com/group/immigrationvoiceny/ (http://groups.yahoo.com/group/immigrationvoiceny/)

    <CROSS POSTED FROM THE NY STATE CHAPTER>




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  • roseball
    10-24 10:19 AM
    Hi:

    Me and my husband left US on AP, which is valid until nxt year. We both were working on valid H1's until we left. We dont want to go for stamping and will use AP on our arrival at the POE. We havent applied for EAD when we left. Is it Ok for us to apply for EAD once we are back in US or is it ok to apply for H1's again once we r back. In both cases whether we go for h1 or EAD, can we start wroking rt a way or do we need approval first.

    Thanks.

    If you are planning to continue working for the same H1 employer when you return on AP, then you can start working immediately. If you intend to change employers, then either your new employer needs to file a H1 Change of Employer petition and you can start working once you get it approved OR you can apply EAD and start working when its approved.



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  • sduri
    12-05 03:57 AM
    My husband has a pending I-130 visa petition (I am a US citizen, he's Italian, we live in Italy). Can anyone tell me whether he is permitted to enter (and exit, as we are still residents in Italy) the US on holiday (departure 19 dec)?
    I have not found any specific details in regard.




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  • lonedesi
    07-27 01:59 PM
    Thank you WeShallOvercome for the link. I happened to overlook the FAQs which USCIS released few days back.



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  • dvb123
    09-07 11:58 AM
    Other gurus can answer in a detailed manner. I am going to very short. Chinese Eb3 have filed for an injunction stating that they need to be allocated visa numbers because in 2008 and 2009 they were overlooked because DOS could not count the inventory of EB3 properly.

    DOS replied that this kind of injunction would harm other countries ppl. DOS is allowed by law to make reasonable estimates in progressing and degressing priority dates. If some ppl are left behind they cannot do anything.

    Here is the part of the law which states that DOS has the authority to do reasonable estimates of priority dates and this is what was stated in the DOS response to the injunction

    Congress has expressly
    provided that in allocating visa numbers, the Department of State may “make reasonable
    estimates.” 8 U.S.C. � 1153(g). In relevant part, Section 1153(g) states:
    For purposes of carrying out the Secretary’s responsibilities in the orderly administration
    of this section, the Secretary may make reasonable estimates of the anticipated number of
    visas to be issued during any quarter of any fiscal year . . . and to rely upon such estimates
    in authorizing the issuances of visas.




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  • H1bslave
    04-07 03:25 PM
    last part is interesting:

    Last summer, USCIS received an unprecedented number of applications and petitions for immigration benefits. During June, July and August alone, USCIS received nearly three million filings, compared to 1.8 million filings during the same period the previous year. This sudden surge included 1.4 million naturalization applications last year � 460,000 in July alone. While historically filing increases have occurred in advance of fee increases, Presidential elections, immigration debates and new legislation, none of the past increases are close to the magnitude of the last summer�s surge.



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  • factoryman
    10-09 10:38 PM
    if you can go to biometric center within 10 days of original appointment and do a walk-in on a walk-in date, usually WED;
    else
    go to biometric center and hand over the originals (after keeping a copy) and ask them to reschdule and give them for ex., any date after 25th OCT 2007.

    PM me for more info and we will talk.

    U R better off rescheduling your mexico appointment - its something that could be done within next 3 to 4 months for sure. The problem of rescheduled FP is, it kind of throws your case in the back and based on ASC's load, it might take them upto an year or more (think 800,000) for them to put you in again.

    Its just my opinion based on my conversation with my lawyer - since we were in S. Africa and my lawyer notified me about the FP and my lawyer blurted out what I said above.




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  • j751
    07-05 09:36 PM
    Thanks for sharing that. Indeed, I received a transfer letter too, transfered to TSC...



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  • GCBy3000
    11-09 11:59 AM
    You message is not clear. Are you saying he cannot work without getting a new H1. If he needs to get a new H1, then he needs to go out of the country for more than a year and come back later with a new H1.

    I beleive, he can do H1 transfer. By the way, the new company should also start your labor and I140. Still you can port your PD if you have already 140 approved.

    There is nothing tricky, it is plain and simple: you want to switch jobs?
    You have to apply for a new H1. You absolutely cannot use your current H1 to work any other job.




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  • jsb
    10-29 04:06 PM
    Can somebody please advice.? Thanks

    I, a July 2 filer, got receipts last week. EADs came on the weekend. No APs yet. Seems like USCIS is still very much backlogged. Taking infopass etc is unlikely to help much. Best is jus wait for another 2-3 weeks. Best of luck...



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  • chanduv23
    02-14 07:38 PM
    IV seems to have a lot of folks here on a h1b with a non profit organization. My wife is currently doing her residency in a non profit organization on a h1b so basically she is not subject to the cap.
    After she finishes, and she looks for jobs, is it possible to get a h1b transfer in a profit organization without being subject to cap? Or H1b transfer is possible only with an non profit organization.

    Any inputs will be well appreciated.




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  • GoldenChariot
    12-17 03:41 PM
    Thanks for the prompt reply.




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  • STAmisha
    11-14 12:56 PM
    Folks

    When I sign in to USCIS online status for my 140, I found this

    On August 12, 2007, we received this I140 IMMIGRANT PETITION FOR ALIEN WORKER, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. 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. We process cases in the order we re
    ....

    Is this August 16 receipt date or notice date? I dont remember when my lawyer sent my 140 to USCIS?




    gcwait2007
    12-27 05:46 PM
    Mine is at Nebraska

    My I-140 is also pending in Nebraska, I am also in EB-3 category with labor PD 02/20/2007. Your labor PD is 03/2007 and hence it is surprising! I saw an approval for one EB-3 filed in April 2007 in but his PD is 2002.

    I do not see any LUD these days in my pending I-140 and I-485. There was a soft LUD in my wife's I-765 (EAD already approved and received) about a month back.

    Please keep us updated.




    rirelachenrisa
    04-21 03:16 PM
    Hi,

    I am really confused about my current status.

    I am currently on Opt Extension, which expires on June 1st 2010.
    When i filed for H1b visa last year April 2009.

    I got my petition approved, but my change of status was denied.
    The reason was stated as :
    The status previously accorded the worker had expired before this petition was filed. Therefore, the worker si not eligible for change of status.

    Now, I am still in US. Is my status illegal?



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