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  • boreal
    08-29 01:54 PM
    I think there are still some visas left for EB2 I/C but they want to distribute them judiciously.
    Due to the random processing, seveal people had earlier complained to USCIS and Ombudsman. This may have probably resulted in drawing a line that would mandate following a RD by IOs.
    On the other hand DOS has still not made any official statement as the visa may be available or would be available towards the end of month.
    Thus all those people whose RD is earlier than the published RD and PD is within the window should remain hopeful.

    My theory is that USCIS could not handle the load of all the calls from us to CSRs, the infopass appointments, the SRs being opened...It was pretty silly of them to have moved the dates to August 10 (NSC) when there were thousands of applications with the RD of July 2. Obviously, that resulted in tonnes of SR/Infopass requests. Makes me think there is no one unit within USCIS that can do _some_ analysis regarding the consequences of their actions. This organization exhibits no accountability to anyone, i guess only action from Congress can make it be a little more responsible, but that doesnt seem a possibility as Congress doesnt really seem to have any incentive taking that route. (Even if all 300 of active IV folks cry out loud!)





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  • eb3_nepa
    11-05 10:28 PM
    Hello everyone,

    Can anyone shed more light on what kind of jobs qualify for NON-Cap H1B jobs?

    A few months ago people had floated the term "Non Cap H1bs".

    Thanks





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  • what_now
    06-03 06:09 PM
    to Phoenix lockbox 4/12. It was sent to CSC. I got my card approved 5/26. Got Card on 6/3.
    My wife case though still pending at CSC.:confused:





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  • s416504
    11-16 01:30 PM
    After entering US on AP you need to inform you employer. Your status after entering on AP makes you a Parolee ??????????

    Inform verbally/New I9 Form? I haven't done this in past. I did used AP 2-3 times in past & haven't informed employer. What employer is going to do if we inform that we are on parolee status? Any USCIS law tells this to do?

    Can any lawyer comment on this situation?


    If you enter US using your AP even for the same employer you will no longer have your H1B status valid, you an return back to H1B status only after a renewal. After entering US on AP you need to inform you employer. Your status after entering on AP makes you a Parolee.



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  • ar7165
    07-20 01:29 PM
    My gc is in process, both I-140 and I-485 is approved over 180 days back. I have a valid EAD. Recently I lost my job (laid off). Can I apply for unemployment benefit?





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  • kaisersose
    04-16 04:38 PM
    What is an "MTR"?

    Motion To Reopen. Basically having the IO re-examine the case by pointing out that the original application + evidence was correct, but the decision was not.



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  • micofrost
    09-01 05:37 PM
    Dude,

    Since you have said "no offence", I will be polite too.
    First of all, all these indians you see are a miniscule numbers. dont look at the %age out of 140K GC visas. Look at the numbre compared to the total india population. There are around 3 million indians in US, including the citizens, gcs and h1bs, business and touirist and f1s and h4s and l1s and the other visas which i know but do not know their names.

    Compare 3 million to the 1.15 Billion population. You calculate the %age.

    Compare that to the other countries who are trying to immigrate. Yes we are proud of our culture. Its one of the best. Ofcourse I am trying to fugure out the the other best.

    And the person who is trying to immigrate, has nothing to do with his/her culture.



    No offence intended, If India is the best country in the world with its "wonderful" cultures why are there so many Indians hell bent on getting the Green Card? Waiting so many years painfully? Why not just return home and live in "best place on earth"? Why would you want to turn America into India? It is good to respect your host country's culture. They are not perfect and so also are many other countries. Please let's call a spade a spade and nothing else.

    Having said that, this article reminds us that the debate should be: What group of people does America need to allow into this country on a permanent basis? (Emphasis on permanent basis). Aged parents of US citizens or long time resident and highly skilled immigrants?

    If I had a chance to write this part of the immigration law, I would stop a system where US citizens can file green cards for sibblings and parents. I would however, make it almost automatic for parents of citizens/green card holders to be granted 5 to 10 year visitor visas. I dont expect my parents who are in their 60s to move to the US. To do what at that age?? I cant sit at home with them... they will just be lonely!!

    I would also stop the green card lottery program. The freed up green quota from these two groups I will move to long time LEGAL residents (say 5 years or 10 years) who have been paying taxes, working and contributing to the economy.





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  • illusions
    04-11 03:27 PM
    it seems like the IV tracker doesn't update immidiately... i've made a change to my PD as i had put a slightly wrong date... but the update hasn't kicked in as yet.



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  • vts31
    10-20 02:53 AM
    about painter.

    1. version 5 sux.

    2. ive never used 7. but i think its pretty good.

    i use 6.





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  • amitjoey
    07-09 04:23 PM
    Gave it 5 star, and posted a comment.



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  • Queen Josephine
    July 15th, 2004, 01:35 PM
    These are great shots. Between you and Janet, you could produce a nice book (if either of you hasn't already).





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  • GCard_Dream
    09-15 05:39 PM
    No one knows and that is why I said at this time of election period, it is better for them to maintain status quo than favoring legal immigrants.


    You are exactly right and that's what house is doing, keeping the status quo. As close to losing the house as repubs are, they don't want to take any chances by upsetting either pro or anti immigration group and are just keeping the status quo for the most part. They have certainly pissed off the illegal folks but I am not sure how that impacts them on Nov 7th.

    On the flip side, however, repubs might have pissed off both pro and anti immigration group by not doing anything at all about the illegal immigration. It just depends on how much people care about immigration issue and if that translates in to votes in November. They might be perceived as a do-nothing party. It is such a dividing issue for both repubs and dems that it will probably be a while before it is settled. We shall wait for that to happen. ;)



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  • rajeshalex
    10-14 02:19 PM
    Its better to take it from India. Check with ur travel agent.
    Also note that pre existing conditions are not covered in most of the insurance plans.

    Rajesh





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  • dixie
    11-06 01:33 AM
    No, those are just examples. Essentially, an H1-B working for any not-for-profit organization is exempt from the cap. Universities, goverment agencies, university medical hospitals are well-known examples that fit this description. Private sector organizations will not qualify in most cases. The key question you have to ask yourself to determine if you are eligible for an exemption is "Does this organization operate with the motive of profit ?". Of course, as always you will need to consult an attorney for a definite answer if you are not sure.

    So then only these four categories count as "Non Cap H1Bs"?

    Can anyone shed more light on any other categories that qualify as non cap?

    Thanks



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  • amsgc
    03-31 02:53 PM
    I have a somewat similar situation, here goes:

    Myself: "Resident Alien for Tax purposes" for 2007.

    My wife: Before we got married last year, she was on J1 (> 6 months)
    Therefore, that time does not count towards calculating presence in the US for tax purposes. This implies she is a "Non Resident Alien for Tax purposes" for 2007.

    The 1040 instructions (http://www.irs.gov/pub/irs-pdf/i1040gi.pdf) state that you cannot file as "Married filing Jointly" if either spouse is a "Non Resident Alien" for tax purposes, UNLESS the other spouse is a citizen or a permanent resident. (Page 13).

    My thought is that I will have to go with "Married, filing separately". Since my wife did not have any income, I may be able to take a deduction for my spouse(Page 14), if she doesn't file her taxes.

    You are correct that if you file jointly, the difference is quite a bit - but I am not sure what else one can do.

    If others have dealt with a similar situation, please advise.

    Thanks.

    Ams





    Can we file taxes seperately on married status?

    I mean, my CPA did estimates seperately and we found substantial difference...

    Is there any problem in we filing seperately as we r into 485 peding stuff?...
    From an Immigration perspective, what are the ramifications when 'Married and filing Jointly' versus 'Married and filing seperately'.

    First of all, are they related?





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  • cbd80
    08-27 02:26 PM
    Hi,

    My company filed for I-140 around Dec-2007. During first week of Sep-2008 USCIS case status page was showing "I-140 is approved". After that since third week of Sep-2008 case status page is showing "Documents mailed to applicant".

    But neighter my lawyer not my employer had received the approval notice in mail.
    How to obtain the duplicate or copy of this approved I-140? What form need to be submitted? where? and how much time it takes?

    Thanks,



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  • sac-r-ten
    03-22 10:34 AM
    Sorry for any confusion. Here are the details :

    My husband is on H1B visa and he is in US from past 4 years. I am on H-4 Visa and was in USA from past 2 years. We got extension in 2009 for another 3 years for H1 and H4. My husband stays in US but I came back to India for vacation. I appeared for H-4 visa stamping in US consulate in Delhi. After long wait they denied my H4 visa. My question is:
    1) what are the options for me
    2) Do they revoke my husband I797 H1 who is in US
    3) What I have to do ..like appeal ..new petition..

    Please advise..

    sorry for your situation. its happening to others too. a friend (h1) and his wife(h4) went for stamping just last month in Mumbai consulate. They denied visa-stamping on the new employee-employer relationship clause. they are not fighting it with USCIS/Consulate. Its pretty ugly, USCIS approves the H1/H4 here and when people turn up for stamping they deny it. I am guessing as far as your husband is in US and in status his petition won't be revoked but if he goes for stamping outside US, then petition might get denied. Please ask your husband to talk to lawyers here in US.

    Good luck.





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  • sands_14
    06-12 11:55 AM
    i tried infopass last yr,it didnt help;they said uscis will take it when its up for approval.current pd doesnt matter;it matters only if its approved and waiting for visa number





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  • casper21
    07-27 11:14 AM
    Hey ags,
    Sorry for asking many question, when you are trying to find answers to your problem.
    I'm trying to figure out my situation, you have replied "As long as marriage is before 485 it can be applied." : before 485 means the day of filling the I 485 or the day of I 485 Approval ?

    Which means I can do just the registration of the marriage in my desi (legal) before the I485 approval, then come back to USA, apply for Counsular processing (I485) for my spouse with in 180 days, once spouse's application is approved spouse can come to USA?
    *** IS this possible?





    jonty_11
    03-02 02:25 PM
    Exception 4 - have a question around this statement: For German transit VISA

    - are holding a valid visa or other residence permit for the USA (this includes advance paroles, but not approval notices), Canada or Switzerland and travel to the country which issued that visa or residence permit

    do not need transit VISA.

    Does that mean if you are travelling from India to US (with valid US Visitor VISA) u need a transit VISA.
    Above exception seem to appy only if u are travelling to country that issued u the VISA (india), but in this case we are travelling from that Country to US.





    perm2gc
    07-27 03:11 PM
    Hello Gurus,
    I am a first timer posting in this fantastic forum.
    I am in a very confusing situation wherein I need your help

    EB2 priority date: April 2007
    I 140 approved.
    I 94 expired in August 2010

    So, I applied for 7th year H-1B extension in February and I got a RFE with the query to prove that I am working at the client's place.
    I submitted all the documents except for the client's letter. Yesterday, I got a denial mail for which I dont know the exact reason.
    I am presuming its related to the client's letter.
    My lawyer said that we can open a MTR within 30 days.

    What are the options and todo list I have?
    1. I have a very good rapport with the client and I can get the client's letter.
    If I get it, how long will it take to approve my case?

    2. I am still working. Is it legal if I work as long as the appication is being processed.
    3. Once I get my EAD, will it matter if H-1B gets rejected?

    Please help me!

    1. MTR process takes one year.
    2.If you have EAD you can work,otherwise you cannot work.
    3.No unless your spouse also has no EAD.



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