Saturday, July 2, 2011

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  • Dakshini R. Sen
    06-24 11:34 PM
    Enter your employer's name and address in question number 15. The advice you have got from the IO is not correct. You will not be put into deportation the moment you lose your job. You have time to either transfer your H1 or file a petition for a change of status to another classification.


    Dakshini R. Sen, P.C.
    Law Offices of Dakshini R. Sen P.C. , Immigration Lawyer US. (http://www.dakshinisen.com)
    212-242-1677
    713-278-1677




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  • venky321
    01-26 08:29 PM
    :confused:

    It is partly my fault as I should have noticed when I started a new project in end August in South Carolina.

    But now looking at my W2 it shows that my employer has been filing taxes in my previous state Missouri for the entire year. How should I go about correcting this? I was in Missouri for 5 months and in South Carolina for the remainder. In which state should I file my tax too?

    Any help will be greatly appreciated




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  • PD_Dec2002
    08-16 07:04 PM
    Dear All,
    I got a labor substitution and filed for my I-140 and I-485 concurrently. Today was the last day to send the documents and some paperwork was missing for my wife! I missed sending the package!

    Now how should i proceed?? My wife is on H1-B currently. Any ideas??

    My priority date is 25 jan 05 - eb2.

    Thanks,
    KK.

    If you missed this time around, you can apply 485 for your wife only when your PD becomes current. Your wife will have to continue working on her H-1B since EAD isn't an option anymore.

    Just curious: what paperwork was missing as a result of which you missed this boat? I hope it wasn't trivial in the grand scheme of things.

    Thanks,
    Jayant




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  • s_r_e_e
    08-25 10:43 AM
    had same issue when i applied, last july. Attorney said H4 receipt missing shouldnt be a problem.



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  • paystubissue
    03-17 09:15 PM
    Hi All,

    Thanks for the reply. Now I got some good idea.I will check with my lawyer too.

    Regards




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  • ace007
    06-09 04:17 PM
    Hello Everyone,

    I must be newest member here. Our company attorney (fragomen) is going to file/send I-140 application today.

    I am excited to join the loooong queue forward!

    :p



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  • desanar
    04-04 06:17 PM
    If individual have US degree (Bachelor of Science in Nursing) along with B. SC in Microbiology from Indian, 1 yr Medical Lab Technician Course and 18 months Lab Assistance experience. Individual is on H4 visa, based on above qualification would student eligible for H1B visa? Person does not have SSN so do not qualify to get RN license in CA state. Any useful response will be kindly appreciated.




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  • lahuja1
    01-24 03:39 PM
    The LCA was only filed last week (01/18)...



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  • GCLONGWAIT
    09-16 04:53 PM
    Would appreciate guidance from attorneys and anybody gone through such an experience or having knowledge about it. Below is my scenerio:

    My I-140 in EB-3 was denied and was appealed. As a response for my appeal, I received a notice of Derogatory Information and RFE.

    After receiving this notice, we realized that company's old lawyer unintentionally clicked a wrong answer in the labor application that was filed and approved in 2006. There is the clause on Page one of ETA form 9089, Part C, point # 9, where we have statement if there is any familial relationship of the alien with the owners / partners of the sponsoring company. This was done by the old lawyer and he is no more working for the company.

    In the notice, the appeal officer has mentioned "if a familial relationship exists between the beneficiary and the petitioner's owners / partners , and this was not disclosed to the DOL, USCIS may invalidate the labor certification based on this misrepresentation. You are therefore, requested to explain what familial relationship, if any, exists between the beneficiary and the officers of the company."

    The above mistake was done intentionally as the company's present lawyer did mention about the familial ties of the beneficiary with the partner of the company in the H-1 application that was approved in 2009 and in the new labor application EB-2 category that was filed in 2009 and still pending. Also, a separate letter regarding the same was sent to the labor department this year along with the other supporting documents as a answer to audit.


    Looking at the above scenario, can you all please let me know:

    Is there a possibility to explain the appeal Officer that it was an unintentional mistake as it was not meant to hide as in 2009 , that is a year before this notice was sent out, labor department was given the right answer in another labor application and USCIS did approve the H-1 even after they knew that the familial ties did exist.?

    OR

    Am are they surely going to revoke my old labor?

    Any help or guidance would be highly appreciated and anybody gone though the same can please let know their experience.

    Thanx in Advance




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  • eb3_nepa
    08-11 09:58 PM
    I'll take it all, where do I pick it up from? ;)



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  • fide_champ
    03-21 05:47 PM
    I am planning on getting my H1 done for this year... i have talked to a couple of people about the same and someone said thai i might have Pay to get my H1 Processed and get the job.... is it a right choice to make....
    most of the H1's consultant i have come across does only ITsector
    is there anyone who can suggest how to get the H1 for other field like Pharmacy, Microbiology.....etc....

    Most of the consultants ask you to pay for the H1's these days for security. Some will re-imburse your money after a period.
    But according to the law, employers are supposed to pay for H1 and travelling expenses if you are in your home country.




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  • rajeshalex
    07-17 08:28 PM
    Hi All,

    Earlier USCIS has announced a fee hike from this month end. Ideally they should extend that fee hike till Aug 17th.

    Anyone got any clues?

    Thank You

    Rajesh Alex



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  • InTheMoment
    07-29 11:02 AM
    A good attorney would never recommend job description in such micro terms. What does your labor certification say ? Match it as much to that one. CIS is not concerned about that level of micro detail (servlets or XML). The description should be a a level that can be easily understood by an adjudicator.




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  • joydiptac
    05-18 05:32 PM
    My Green Card is stuck at EB2 Stage but all this time I forgot that I have potential for a British Citizenship based on my birth place and Father being a Britisher.
    Now can I reapply as a Brit - all over again hoping to get past the long queue. I am not interested in gaming - dont get me wrong - I had been in UK for some 5-6years working and am easily eligible for to get UK Citizenship that I did not explore. Now can I change the situation ?

    Hope you are posting your question for US immigration. (This site discusses US immigration)
    As far as I know the country of chargeability is your or your spouse's birth country(Choice during I485 application) not based on citizenship. HTH



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  • smaram1
    07-02 05:35 PM
    I am in the same state as your's. After talking with Lawyer and after reading lot of forums, i went ahead and submitted with PAR:PAROLEE for both Manner of Last Entry and Current Immigration status.

    I am not lawyer :) but that's waht i went with and submitted just yesterday




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  • pranju
    08-08 11:10 AM
    bump



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  • saravanaraj.sathya
    08-19 10:33 PM
    Guys plz respond....




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  • iman.karta
    12-28 05:54 PM
    Shiva,

    Thanks for your info. Based on these cases you read, do you recall whether they are approved at the end? I am getting a bit worrrier now. ;(




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  • validIV
    02-04 12:57 PM
    Yea now I see your problem. When I applied for my F-1, my parents had not yet filed their I-140. Yours, on the other hand, has already been approved.

    The worst thing that I can think of is changing status to F-1 is denied.




    rodnyb
    02-03 03:41 PM
    Visa bulletin and their number control operational manual
    Visa Bulletin (http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html)

    DHS year book
    DHS | Yearbook of Immigration Statistics (http://www.dhs.gov/files/statistics/publications/yearbook.shtm)

    485 pending number
    http://www.uscis.gov/USCIS/Green%20Card/Green%20Card%20Through%20a%20Job/i-485-pending-inventory.pdf

    NVC demand
    http://www.travel.state.gov/pdf/WaitingListItem.pdf

    Precessing volume and trend
    USCIS: National Processing Volumes and Trends (http://dashboard.uscis.gov/index.cfm?formtype=7&office=5&charttype=1)

    Monthly cutoff memo
    http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf

    I am missing a 2009 EB number used by country, I saw it some where but couldn't find it




    a2006
    10-04 03:30 PM
    $930 plus a biometrics fee of $80; the fee total is $1,010. Exceptions listed below. There is no fee for applicants who are filing Form I-485 based on having been admitted to the United States as a refugee. Applicants 80 years of age or older are not charged a biometric fee; the fee total is $930. Applicants under 14 years of age: - Filing with the I-485 application of at least one parent have a fee total of $600 - Not filing with the I-485 application of at least one parent have a fee total of $930

    I would assume that EAD and AP have to be paid for separately.
    see the last paragraph. Looks like the new fee is a combined fee.
    http://www.uscis.gov/files/nativedocuments/FinalUSCISFeeSchedule052907.pdf



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