Monday, June 13, 2011

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  • ramana_akp
    12-18 08:37 AM
    thanks again for the feedback.

    I will check if the address of my attorney is correct ...meanwhile can anybody please tell me about the below question?

    Does any of you know whether my dependents need to sign the Appeal/motion to reopen or my attorney can file on their behalf??


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  • sounakc
    05-12 01:04 PM
    Dear All,

    Can you please give me the most recent list of vaccinations and tests required for filing I-485. My dates are current and I want to file for my wife.



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  • aps1
    08-23 08:02 PM
    I made an infopass appt on Aug 20th and got it for 26th. I do not know why you couldn't?

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  • Soul
    04-28 10:50 AM
    Kit, you just copied my vote :P

    - Soul :s:


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  • Atmaram
    07-16 02:42 PM
    I called them this morning and IO told me that my file has been assigned to an officer. What does this mean? Can anyone tell me?


    Why yes! Didn't you get the memo?
    What this means is that somebody at USCIS probably ran out of TP at home.

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  • hpandey
    06-16 01:44 PM
    How long has it been that you filed for I-140 ? Has it been approved yet.

    I think you can move on to another company only after the I-140 has been approved and it has been more than 180 days . USCIS mails the approval notice to the company/attonery who filed on your behalf.


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  • americandesi
    03-13 04:32 PM
    Here�s how it works. Suppose there are 78 pending GC applications each with a proffered wage of 80K/annum, then the employer should prove at least one of the following to prove �Ability to Pay� for all the applications to go through.

    1) Company�s net profit exceeds or equals 78 x 80K = $6,240,000 per annum since the establishment of their Priority Dates
    2) Company�s net assets exceeds or equals 78 x 80K = $6,240,000 per annum since the establishment of their Priority Dates
    3) The company paid >= 80K in salary to all the 78 beneficiaries since the establishment of their Priority Dates
    4) The company paid < 80K (say 70K) in salary to all the 78 beneficiaries since the establishment of their Priority Dates but the difference (10K) was matched by Company�s net profit or net assets (10K x 78 = 7,80,000)

    Now let�s assume that the company sponsors GC for 79th employee, then the company should replace 78 with 79 in the conditions specified above and they can�t use the same old figures anymore to prove �ability to pay�.

    In your case, I�m afraid that your employer didn�t even meet the condition specified for 78 employees and that resulted in your colleagues I-140 denial. In such situations, USCIS might even revoke previously approved I-140�s because the employer�s financials doesn�t support all the pending GC applications.


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  • snathan
    12-20 04:29 PM
    I am all up for it & won't mind doing it all...

    Then what are you waiting for...start your campaign and publish you action plan.


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  • abhijitp
    01-25 07:14 PM
    Thanks for your suggestions, I am sure IV-Core will note them.

    Did you send out letters to the WH + IV?
    The recapturing of numbers does not need legislation, it can be done by administrative intervention.


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  • gsc999
    04-20 02:11 PM
    I have met the congressmen of my area, in person, have called senators of my state. I think singing and ringing can go hand in hand :) don't you sometime listen to music at work ?


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  • iv_only_hope
    08-15 10:11 AM
    I am not sure I understand. My wife resides in Mumbai. She had her h1 stamped there some time back around 5 years. That h1 she used and is gone now. Now she applied for h1 in fresh qupta since she was out of us for more than one year. Right now so where should we go for stamping. Shes in us with me on h4. Can we go to canada?

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  • gc28262
    03-09 11:51 AM
    Read the earlier posts. The person is not working. How will you fill I-9 when you have stopped working?

    She could have filed I9 form on the last day or penultimate day of work. Straightforward thing to do is employer giving her a termination letter or her submitting a resignation letter on the last day of employment.


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  • manjunathpv
    09-20 08:21 PM

    what are your plans for I-485 filing? are you going to interfile your existing EB3 485 application with EB2 I140 or file a new 485 application for EB2? what is your lawyer recommending?

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  • dilusa1
    07-18 07:44 PM
    Thanks for great services..

    My situation is as under : " My case is in removal proceedings for violating H1b status for 3 months due to laid off situation, i am working on H1b now and my labor is approved and I-140 is pending, now my priority date is become current for I-485 filing", now who will adjudicate my case, INS or EOIR court, where will i file my I-485.

    will court close my removal proceedings based on PD current..

    i will really really apprecate your help.


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  • s416504
    02-24 03:05 PM
    I think best thing to apply your GC as soon as possible. You are running out of time if you need to move to Employer B. For GC, you don't have to join B. If A can apply EB1 then very good but make sure it's big company. My EB1 denied because small orgnisation & then I applied my EB3 thru diff employer.

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  • anil_gc
    11-26 05:36 PM
    Thanks for the replies, I did not get my approval notice so far and the travel is around the corner.


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  • krishna_brc
    02-18 01:11 PM
    Thanks for the quick reply, Krishna. I would infact get paid in INR in an Indian account. But what do we do when we file our taxes? When my husband files as "married filed jointly", do we declare this income? Do you have any inputs on that.

    Income earned in India has nothing to do with US taxes.
    Even if you file as "married filed jointly", there is no requirement to have it declared.
    You will pay US taxes only when the income is earned in US.

    You would rather file taxes in India for the INR income.


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  • gc28262
    07-29 12:25 PM
    Good One !

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  • rangaswamy
    02-26 07:17 PM
    She could pursue Masters on H4 visa as well. It has its own merits and disadvantages. Advantages are she would be eligible to in-state tution waiver(Which is significant) and could complete the program at her own pace. Disadvantage is that she would NOT be eligible for any scholorship and can not work while on H4.

    I think F1 has more advantages unless you have 485 filed (in which case i dont know what happens!)

    As an F1 student, you can work on campus, this will ensure an SSN/credit history etc etc.

    Most important, she can accept scholarship and internship offers through the course.

    The path to getting a h1b visa becomes easier as the masters students have a separate quota and also one year OPT.

    I think tution waiver will only apply if she has been independent in the last 365 days which she is not if she is on h4 visa.
    Also, some senior members informed me that you can change from H4 to F1 by applying for I 539, which the school would assist you in doing. In this case i think stamping is not necessary unless you leave the country.

    DISCLAIMER: all of the above information is based on other posts and some articles outside IV.

    01-09 11:19 AM
    Iam on H4 and my visa expired on oct 31 '06 , I have applied for extension on oct 20 '06 , but havent got my extension yet, I have another problem my passport is expiring on Feb 13 '07. WIll be going to Houston to get my fresh passport this weekend.

    I have to visit India this month end and have booked my tickets with delta, from US to India via Paris(France).

    I have 3 questions :

    1. Do I Need an airport transit visa since iam travelling via France ?
    2. How long will it take to get my fresh passport if I applied over the counter on emergency system (Tatkaal)
    3. Can I travel with an expired H4 visa ?

    Please Help ???

    06-29 09:36 AM
    Most west coast technology firms are very aware of the AC21 regulations. I recently talked to the HR of a reputed west coast firm and they told me the procedure for porting. They also let me talk to their law firm which deals with their immigration process. So the answer really depends on the company that you are about to join. It is not a bad idea to get everything clear before making the move.

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