Saturday, June 18, 2011

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  • virginia_desi
    05-15 12:15 PM
    Thanks for your reply.

    My understanding is there can be only one AOS at any time.

    - So if the AOS is applied based on the EB3 140, can another AOS be filed based on EB2?

    - If a AOS has been applied based on EB3, can it be "upgraded" to EB2 ??

    Thanks.

    There can only one AOS as the main beneficiary. You can have another AOS where you are a dependent or may be a family based AOS.

    Once AOS is filed under EB3, it can't be simply upgraded to EB2.

    However, what happens if one gets a RFE on I-140 and there is a pending I-485. Are you allowed to refile using EB3 approved petition if the dates are still current for EB3?




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  • roseball
    04-07 09:00 PM
    Guess what I discovered today? I found the filled in W7 form and notarized copies of my wife's passport in my house. All this while I was so confident that I did send the W7 form along with tax return form, but it turned out I forgot to do so :(. I called IRS and they told me that I need to fill in Amended Tax Return form (Form 1040X) now. On the contrary, my tax preparer (CPA) is saying I just need to resend Form 1040 and W7 and there is no need to amend as there is no change in figures. Whose words should I follow now? Please advise.

    In my view, you would have to file form 1040X since IRS processed your original 1040 after changing it to married filing separately.




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  • skd
    01-09 09:13 PM
    jayleno, are these Co-worker and Other friends, Do all 4 have GC's ?




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  • superdude
    08-03 06:17 PM
    What you did was wrong.

    Coming to the verification process, They would ask if this employee really worked at the employer location and the responsibilities. They would not ask wether the EVL submitted was indeed issued by the employer.
    Just my own thought process...............

    I worked for a firm for last couple of years and then moved to another firm. Now I want to apply for a Perm process and need the Experience letter. My previous employer has issued me the experience letter without my roles and responsibility:

    It was an unprotected word file, so I changed it and incorporated the roles and responsibilty and my self submitted it to my employer; Now i am afraid if they are going to verify it.

    1. What is the INS verification process?
    2. Do employer can verifty it by Fax?
    3. What can happen if INS came to know that everything was fine except the roles and responsibilities was included afterwards?



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  • abhijitp
    08-22 03:10 PM
    I know some of you will be attending the Rally in DC on Sep 18th.

    But most wont be attending the rally in DC on the 18th. Wouldnt it be good if the people who are not able to attend the DC rally conduct a rally in Texas at the same day.

    This way, there will be a multi pronged effect. In fact, it would have an even greater effect if simultaneous rallies are held in other places too. Like

    West Coast (Bay area )
    Midwest (Chicago)
    Texas (one of the major cities - Dallas, Austin or Houston)

    Think of all the local media attention this gets & also the ripple effect into national media.

    Any thoughts ??

    If you are anyways planning to rally, you will need a day off, so why not spend it in DC? I strongly agree with Paskal in that small rallies would dilute the impact of the DC rally!

    If you can take a day off, please attend the DC rally. Go here and tell us how we can help you with logistics.
    http://immigrationvoice.org/forum/showthread.php?t=12441

    Thanks




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  • eb2india
    01-17 05:39 PM
    I had the same problem. I got the card valid for only 2 months instead of one year. I submitted a new application along with which I submitted all the required documents as if I was filing for a new card. Additionally I submitted the Original card which had the typo and a letter explaining the typo. I did not submit any fee. I got my new card after two months. Please go through the instructions on the EAD application which contains information about replacement card.



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  • saurav_4096
    12-22 03:36 PM
    Does one have to stick to old employer for 180 days after I-140 is approved before person can start with new employer and port priority date from previous job ?




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  • BharatPremi
    07-18 01:06 PM
    Depending upon the uscis announcement in a day or two (i.e,7/17 or 7/18)things may change for the short term so we will plan any specific action item after that.

    But for now lets continue to urge everyone we know in Texas to join IV to continue pursuing our efforts as much intelligent, elite and vivid group for acheiving our goals and objectives.

    Can I expect Conference call this Sunday (07/21) ? Please provide me the Phone number / Any password-Pin/ ANd time for the conference call.



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  • chanduv23
    06-08 06:37 AM
    No point in bashing Indian companies. As they are going political on this issue, my cousin just graduated from School and does not have a job, his dad thinks that his son lost his competitve spirit and is unable to compete for a job, while we all know the actual situation which is pathetic for new h1b seekers.

    IV mebers - though our focus is on GC backlog and retrogression - lets all not forget that these are also big issues, especially new immigrants seeking h1b etc...

    For those who do not care about families - tearing families is the worst thing that can ever happen and if you are on that side, you will understand the pain.

    And for those who think CIR failed which is good for us - just think about the 12 million illegals and walk in their shoes - what goes through them - CIR is their only hope.




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  • gcisadawg
    05-11 12:51 PM
    Guys,
    I have a long layover at New Delhi airport. I am reaching their at 8PM and my next flight in the morning at 7:30AM. Is there any accommodation facility within airport? Or Do i need to go to city? This is the first time, i am going through delhi airport. Any helpful comments are welcome. Thanks and appreciate your help.

    There are so called 'executive lounges' in Mumbai airport. There is a good possibility of having them in Delhi Airport also. Check while you are waiting. They have people all over hawking these services. They charge around 30 to 50 USD per person.

    I tried one in Mumbai airport. I paid the money, went to the shower and didnt find hotwater. When I checked they said "it is out of order"..So much for the executive lounge! I took my money back and came out!

    GCisaDawg



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  • Juan28210
    11-03 05:16 PM
    Here's my exact situation:

    - My employer is company A
    - I am assigned by Company A to Company B (corp-to-corp)
    - Company B assigned me to Client X

    - I want to move to Company Z
    - Company Z would assign me to the same Client X

    My non-compete clause says something like... Employee(I) cannot work to client of Company A within 1 year of leaving Company A

    Now, is client X considered as client of company A? I'm thinking that company B is the client of company A. Thus, it should be okay if I move to company Z and be assigned to client X.

    Any thoughts?




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  • gimme_GC2006
    09-02 10:24 AM
    Edit. Latest ..on my case.(with a little history) and this is hilarious.

    8/21/2008 : Talk with the California Service Center (hopefully)
    Me: My case has been transferred all of a sudden to California with the PD became current (on july 21, 2008), why ?
    Answer: Your case has been sent back to TSC on Aug. 15th. We do not have the case any more. You can call TSC to confirm.


    8/22/2008: Talk with Customer Service
    Customer Service: Your case is still in California.

    9/2/2008 : Info pass appointment. Talk with IO
    IO: Your case is still in TSC but will be transferred to CSC soon.

    I cannot believe such an organization exists in the world.
    ************************************************** *********************************

    lol..

    I think we all shud send our customer service experiences to USCIS and DHS leadership..we need to make a note of Agent IDs in the beginning..

    atleast then they will feel a pinch to improve customer service (didnt they say that this is also one of the reason for fee hikes last year?/ ) :D:D



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  • caforum2
    09-14 06:34 AM
    for folks in US, you don't need to go to Chennai, You can chose whichever consulate you want. I choose New Delhi instead of Chennai recently and got appointment in 15 days in advance. I know Oct is full in Delhi, Kolkatta, Chennai and Mumbai. I would wait till Sept 20th to see Oct dats. Usually people book appointments and change the dates only closer to interview date.




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  • kumar1
    09-26 09:18 AM
    You can do that, however, you would find that after 10 years, you are still looking at different US consulates for visa interview but your friends who remained with one employer, got their GC and they have lot more freedom than you do. It is a very difficult question. Either you can move from job to job and get paid more or you just stick to one, sacrifice some money/flexibility but get thing done in one shot.
    Worst possible case would be - you realize after 6 years that you should have stuck with one employer!



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  • immilaw
    09-21 08:37 AM
    I filed 140 to VSC. Would it be transfered to TSC. It is still pending. I got a RFE on 140. Should i send the docs to VSC or TSC. Can anyone please answer this.
    Thanks.

    You should send the documents to the service center which issued the RFE. The mail address of the service center should appear on the RFE.




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  • bbenhill
    09-18 05:26 PM
    Of course you can work using your EAD for your Employer. The reason why so many still remain on H1(even after getting EAD) is because if the I-485 (AOS) is denied, they can still continue to work on H1 and maybe restart the whole GC process. But its not possible once you switch to EAD. You cannot fall back to H1.

    LostInGCProcess, his I140 is not approve, how come he can use his EAD ?

    AOS can only be use after his I140 is approved.

    Thx



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  • Edison99
    09-23 06:57 AM
    What a foresight�

    Corporations save more than 10K.. It doesn't work..

    Average cost of employment in US for high tech is around 90$ per hour and social security
    percentage is 6%, So the max is less than 10K per year or less than 0.5 USD per hour.

    These companies actually pay far less than 90$ for offshore resources..

    Since it really doesn't work, it has high chances of passage into bill :rolleyes: and president will promptly sign it before this session recesses.. :cool:

    It will also be passed in an unanimous consent by both parties..




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  • Berkeleybee
    05-17 01:08 PM
    All,

    As we wait for the Senate debate to move along, I know there is a great deal of restlessness and a desire to have something, anything happen. A need for reassurance that something will happen fast, or that provision X will be signed into law by ZZZ date.

    I am starting this thread for such questions. Otherwise we have an ever proliferating set of threads with very specific questions like "can we have provision X become its own bill and have it signed by next Friday so I can go home and stop worrying?":)

    I will move such posts in to this thread.

    We will do our best to answer these questions. Hang in there, keep heart.

    best,
    Berkeleybee




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  • pappu
    04-10 11:52 AM
    Friends,
    I am working for company A and I have offer from Company B, I thinking of my options, Here is my situation

    1. I have approved I140 > 180 days in actually 300 days

    2. I have approved EAD

    3. mine is labor transfer case and I used an existing labor that matched my job profile

    4. Company B is ready to hire me in the same/similar role and are ready to give AC21 employment letter with same details as in my labor.

    5. I have approved copy of my labor that was transferred and all other copies related to my case like I140, I485 application and Advance parole etc,....


    Please give me some guidance on if I should be accepting the offer from Company B, I am concerned because my labor was transferred from another employee. I have worked for company A for nearly 4 years now and my GC is in process for almost 4 years, labor switch was done like 2 years ago.

    Based on this explanation do you see any risk and am I missing anything here, in terms of getting specific documentation from company A application..

    please help

    Please update your profile with details so that it can be helpful to everyone tracking the success
    http://immigrationvoice.org/forum/profile.php?do=editprofile

    on IV tracker
    http://immigrationvoice.org/index.php?option=com_tracker&Itemid=63

    IV members are requested to update their profile with valid dates so that we can make IV tracker helpful for everyone.

    I have personally decided to make this request to everyone who does not have their details completed and only then respond to the member. If a member has bogus data in their profile for tracking purposes I would not be replying to that post. This might help encourage members wanting replies from IV core team for their questions.




    qualified_trash
    11-15 01:27 PM
    you have a expired I-94 and a h1B which is valid

    How can you have an expired I94 and valid H1B? It is technically not possible.

    When your H1B expires when you are in the US and you apply for an extension of the H1B along with an extension of the stay of the person(s) since they now hold this status, you get a I797 where the right bottom part is your NEW I94. You are supposed to staple this to the old I94 in your passport and surrender the same when you fly out of the country to a non contiguous territory

    That is how you were able to travel!!!!!!!

    As for Automatic revalidation here is the link to the State Dept site:
    http://travel.state.gov/visa/laws/telegrams/telegrams_1441.html




    tinamatthew
    07-22 11:03 PM
    A1: Receipt date is assigned by USCIS when they re-enter or mark your case as PP. This is different from when FedEx delivered the PP request. In my friend's case, the difference in these two dates was 10 business days. This was in early June and his I-140 was approved in 3 business days. He stated "Applied for i140 premium processing on June 22nd, 2007" From what I understand, this new i-140 application was PPS and not an upgrade. The receipt date is the date USCIS date stamps the application. I think he will get his money returned as they have passed the 14 day deadline.

    A2: Most probably, that is what has happened.

    A3: In Rajiv Khanna's conference call (you can download them from his Web site), he suggested the concurrent filing option when someone asked him a similar question.

    Good luck!

    Thanks,
    Jayant

    Thanks



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